해상 클레임 관련 최신 하급심 판결례 소개 – 국제사법 쟁점을 중심으로 -

Abstract

Maritime disputes inevitably tend to be international disputes due to the international activities of shipping companies and relevant parties. Accordingly, it is necessary to understand the international private law which regulates jurisdiction and conflicts of law in maritime disputes. This article deals with four important cases of maritime claims involving international private law issues which recently held before Korean lower courts in last two years. In Seoul High Court Judgement No.2020Na2002708, 2020Na2002715 rendered at 8 December 2021, when various issues such as governing law, determination of party to contract of carriage, shipper’s responsibility on weight of cargoes and international jurisdiction were raised, it recognized jurisdiction by leading against exclusive international jurisdiction agreement. Seoul Central District Court Judgement No.2018GaDan5232693 rendered at 3 December 2021 denied the validity of exclusive international jurisdiction agreement under reverse side of bill of lading. Seoul Central District Court Judgement No.2019 GaHap586658 rendered at 11 May 2022 recognized the international jurisdiction of the Korean court for claim under reinsurance contract and the extent to which the arbitration agreement is effective. The ruling of Seoul Central District Court Judgement No.2021Na24720 rendered at 16 February 16 2022 was made against the rightful holder of bill of lading.