해상 운송물의 멸실, 훼손으로 인한 손해배상청구권

Abstract

The carrier is liable for damage sustained in the event of the destruction or loss of, or damage to any goods, if the occurrence which caused the damage so sustained took place during the carriage by sea. If a carrier fails to prove that he or the crew or other employee of a ship exercised his duty of care in reception, loading, stowage, carriage, keeping, discharging and delivering of the goods, he shall be liable to compensate for damages caused by loss, damage or delay of the goods. In marine cargo transportation for which a bill of lading was issued, the goods must be delivered to the bill of lading holder in exchange for the bill of lading; therefore, if the carrier or its domestic shipping agent caused the goods to be extinguished by delivering the goods to someone other than the bill of lading holder, the carrier shall be liable to pay damages to the bill of lading holder for tort. A sea waybill operates as a receipt for goods received for shipment and evidences the contract of carriage. One significant difference between it and a bill of lading is that it is never ever a negotiable instrument, namely document of title. It is not issued in sets and the receiver is able to take delivery of the goods merely by establishing his identity. Meanwhile, except when the shipper has exercised his right to dispose of the goods, the consignee is entitled, on request of the delivery of the goods at the place of destination, to require the carrier to give notice to him as soon as the goods arrive, deliver the goods to him, on payment of the charges due and on complying with the conditions of carriage set out in the sea waybill. Because the right of the consignee shall have the preference to that of the shipper, when the consignee requests the delivery of the goods after it arrives at the destination(Article 140 (2) of the Commercial Act). Any claims and obligations of the carrier to the shipper, consignor or consignee shall, regardless of the cause of the claims, be extinguished if no legal action is filed within one year after the carrier delivers or should have delivered the goods to the consignee.