육상운송법의 국제화를 위한 입법론적 검토

Abstract

An Act to give effect to the Convention on the Contract for the International carriage of Goods by Road signed at Geneva on 19th May 1956; it has applied contracts for the international Carriage of Goods by Road in Europe. A model legal regime on inter-American carriage of goods by road was adopted at the Sixth Inter-American Specialized conference on Private International Law(CIDIP-Ⅵ), held at the OAS. Therefore, there is no Convention in Asia like that of the CMR, but it is necessary to review the Act on Carriage of Goods by Road in Korea. On examination the liability of the carrier by road under CMR, HGB and Korean Commercial Law, there are different views on the basis of liability. On the other side, third-party logistics has developed rapidly, but we could not cope with this problem. According to the Korean Commercial Law, the carrier's liability is based on proof of fault, and that liability is limited to the value of goods fixed according to the place and time of delivery. So unlike that of CMR, HGB, that regulation is discretion, and has not application to the extra-contractual liability for loss, damage or delay. I propose that adopt a sum of money limitation of carrier's liability. And in case where the extra-contractual liability is in issue, the carrier avail himself of the provision fix or limit the compensation due. What kind of responsible is considered for the Carrier of Multimodal Transport of Goods or 3PL. There are network liability system and uniform liability system. I think, uniform liability system is more reasonable than network liability system.