해상운송주선인이 간여하는 경우 보세창고업자의 손해배상책임

Abstract

In this study, It is examined to A liability for damage of Bonded warehouse Operater in the existence of Maritime freight forwarder. As result of previous looking into(examination), it reaches to the following conclusionFirstly, Although there is not a contractual relationship between carriers and warehouse operators, the existing theories assumed that there is a legal relation between those parties. These theories are based on the concept of an implied deposit contract or a contract for a third party. Inter alia, the theory of implied deposit contract is valid. To theory so, this theory is helpful to adjust interests of the parties concerned. and it is a theory that is harmonized with control of cargo by carriers. Secondly, According to the Korean Customs Regulations, all the import goods should be temporary stocked in bonded warehouse during the time for procedures of customs clearance. Warehouse operater would be exempted from responsibility if he deliver the goods in exchange of D/O. In that time, he must examine whether carrier issued D/O as a substitute of Bill of Lading. Thirthly, Warehouse operater would be exempted from responsibility if he deliver the goods in exchange of House D/O. But in the case of to deliver the goods in exchange of Master D/O, he must examine whether freight forwarder in destination issued Master D/O as a substitute of House D/O. Fourthly, In Korea, the function of the delivery order remains as a method of controlling warehousemen or carrier's employees from unlawful delivery goods rather than promoting the trade as substitute for bill of lading. To this point, the definition and the legal characteristics of delivery order totally depend on to the the scholars views or the rulings of courts. Making clear of the definition of the delivery order and making securities and negotiable instrument of the delivery order is urgently needed for the boost of the logistics and commerce. Additionally in order for the delivery order to act as substitute for a bill of lading, the holder of a delivery order shall have been transferred to and vested in him all rights of suit under the contract of carriage as if he had been a party to that contract.