종합물류기업의 시장추세와 법제도의 개선방안에 관한 소고

Abstract

Logistics has become a very familiar term nowadays. During the recent COVID-19 pandemic, most companies, especially small and medium-sized companies in Korea suffered from skyrocketed logistics costs due to unstable global supply chains. And logistics such as food delivery was dramatically grown because people’s outdoor activities were restricted. In addition, traditional maritime companies that had participated in the global integrated logistics market indirectly in the past have been participating through direct investment in air transportation or logistics center operations, and therefore recently the global integrated logistics market is becoming a battleground among traditional maritime companies, 2nd party logistics companies, and platform companies. Despite the rapid growth of the integrated logistics market, there are no independent legal systems for those integrated logistics service providers (“ILSP”) that provide integrated logistics services in Korea or other countries. Therefore, in the event of cargo accidents, ILSP is supposed to be liable for damages based on the individual integrated logistics service contracts signed with the consignors. In contrast, we may realize the problems of inequity or unfairness among ILSP, carriers and warehouse-men who are the substantial performance parties of the integrated logistics service because the logistics service contract generally stipulates that ILSP bears all the liabilities arising out of and connected from the cargo accidents, which causes ILSP not to allow to benefit from the carrier's immunity and defense mechanism that carrier or carrier's user or agent may benefit. Therefore, it is necessary to add the act of ILSP as a type of commercial act to the Korean Commercial Code and to comprehensively regulate the liability system for integrated logisitcs service industry to protect ILSP, and which then can proactively prepare for the rapidly growing global integrated logistics market.