運送周旋人의 다양한 法的 地位에 따른 法律關係 － 海上運送周旋人을 중심으로 －

Abstract

A freight forwarder has three different kinds of function in Korea. First, he acts as an agent of the carrier or of the shipper. Second, he acts as a the carrier by entering contract of carriage of goods with the shipper or by issuing bill of lading. Third, he plays as an intermediary between the carrier and the shipper, which falls within the pure definition of the freight forwarder in the Korean Commercial Code. This article focus on the legal issue on the freight forwarder as the carrier and as the intermediary. Korean Commercial Code does not require any status for being a carrier. Even a pure freight forwarder is entitled to become a carrier. As a result, the freight forwarder try to become a contracting carrier with the shipper. A freight forwarder as a contracting carrier enter into the contract of carriage with the ocean carrier with the means of sea transportation. A shipper may not fully compensated from the freight forwarder as the carrier(defendant) because he does not possess the ship itself. On the other hand, the freight forwarder as the carrier is entitled to limit its liability according to Commercial Code like any other general carrier. Therefore, there is necessity for the shipper to be protected under Korean law. When the freight forwarder acts as an intermediary, he may be liable for the breach of the duty. Even though he is fully liable for the damages against the shipper, he can not indemnify the paid amount fully when he makes a recourse claim to the carrier because the carrier is entitled to limit its liability pursuant to Korean Commercial Code. To strike the balance between the carrier and intermediary, the writer emphasizes that the limitation scheme should be adopted in the Commercial Code for protecting the freight forwarder as the intermediary.