대리인으로서 운송주선인의 법적 지위

Abstract

A freight forwarder plays an important role in the modern international carriage of goods. However, the rules regulating a freight forwarder is not well organized in the Korean legal system. A freight forwarder has three different kinds of function in Korea. First he acts as an agent of the shipper or of the carrier. Second, he acts as a 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. A freight forwarder as an agent of the shipper or of the carrier is defined to be the person who, as agent for the customer requesting for carriage of the goods, perform all the services such as arranging for consolidation, warehousing, loading, carrying, taking insurance and delivery of the goods, from the moment of receipt of the goods from a shipper until delivery, as well as, under the intermodal transport system, as a party to the carriage contract, undertaking the responsibility for the entire period of transportation upon issuing the bill of lading as the carrier. The Korean Supreme Court held that even if a freight forwarder is provided with a shipping-related work, if it is not clear whether it is for carriage or forwarding only, it shall be verified by reaching the intention of the party whether the freight forwarder has obtained the status of carrier or not, but if the intention of the party is not clear, it shall be verified through a comprehensive consideration of all circumstances including but not limited to the names of the issuer of the house bill of lading and the payment method of the fee. This article focuses on the legal status on the freight forwarder as an agent of the shipper or of the carrier, not as the intermediary.