2007년 해상법 판례동향과 그 연구

Abstract

This paper is to study and analyze some important cases of the Maritime Law in 2007. The main contents of judgment are as follows. First, It's difficult to separate maritime lien and secured claim. So, when transfer of secured claims is admitted, maritime lien should be decided. And the matter of voluntary subrogation of secured claims has to depend on governing law of a secured claims. Second, when a carrier should compensate a holder of a bill of lading for damage, the debt isn't limited to the extent of the sum to which the applicant under the letter of credit is liable. Third, when a part of cargo without deck cargo clause was optionally transferred on deck and then damage of cargo occurred, both a transportation broker and a carrier take the responsibility for damage of that cargo. Finally, warehouseman has the legal status in which obligation discharge of the shipping agency and carrier is assisted. Unless the status of the carrier is acquired, even if a transportation broker as a agent of the carrier concludes transportation contract, the status of the transportation broker doesn't change into the status of the carrier.