수하인의 운송물 수령의무와 컨테이너 반납지체료의 법리

Abstract

The parties in the contract for the carriage are the carrier and the shipper. The shipper has the right and obligation to receive the cargo as well. It may be convenient for the consignee to have the obligation of taking deliver of the cargo. The Korean Commercial Code does not have any obligation on this matter. But, it impose such obligation upon the consignee to take delivery of the cargo in case of the contract for the individual goods. However there are split views. The clear standard should be presented. It is the well settled practice in Korea for the carrier to provide the container box. The carrier should get back the box in due period of time. When due time is over, the carrier impose detention charges on the consignee. In recent days, the container box became scarce and the carrier commenced to impose high amount of demurrage and detention charges upon the carrier. Accordingly many disputes on the demurrage and detention charge arise recently by providing clear standards the disputes may be reduced. who is the obligor of paying detention charges and how much charges should be imposed are at issues. The writer concluded that the demurrage and detention charge in container liner business is different from those in the voyage charter party. It may be regarded as a kind of liquidated damages. The presence of the negligence should be verified by the consignee.