2020년 중요 해상판례 소개

Abstract

In 2020, the Korean Supreme Court (hereinafter “KSC”) rendered 7 decisions involving important maritime law issues. Summaries of the court decisions are as follows： (1) In the KSC case 2019. 11. 14. Docket No. 2017da224807, the KSC held that the charterer was a party who signed its name in the fixture note on the basis of the English law, which was the governing law of voyage charterparty. (2) In the KSC case 2019. 12. 27. Docket No. 2019da218486, the KSC denied the time charterer’s right to set-off claiming the price of the remaining bunker in the vessel against the shipowner after the redelivery of such vessel because an additional clause regarding the remaining bunker cannot be applied to the termination of the time charter during the charter period and the time charterer cannot obtain the ownership of bunker without payment for such bunker. (3) In the KSC 2020. 1. 16. Docket No. 2019da54092, the KSC held that whether a sea passage is a narrow sea passage shall be determined by the geographical conditions of the passage in question, the type and size of the vessel in question, the volume of sea traffic and the natural conditions of the passage, etc. When a sea passage is considered as the narrow one, the navigational method for the narrow sea passage must be applied regardless of the size or direction of the vessel. (4) In the KSC 2020. 2. 27. Docket No. 2017da37215, the KSC ruled that the relevant part of water facilities in the Notification of the Ministry of Maritime Affairs and Fisheries imposing fee for cargo arrival and departure at a trade port in Korea does not violate the range of delegation recognized by the Act on Port Authorities. (5) In the KSC 2020. 6. 4. Docket No. 2020da204049, the KSC rejected the claim made by a shipowner of a tug (an assured of hull insurance) against insurers based on the article 39(5) of UK Marine Insurance Act, 1906, by reason of adopting improper tow methods for carriage. (6) In the KSC 2020. 6. 11. Docket No. 2018da249018, the KSC held that a switch bill of lading issued by a party other than a carrier of the cargo is null and void, and the issuer shall not be liable for the loss of or damage to the cargo against a bona fide holder of such bill of lading. (7) In the KSC 2020. 7. 9. Docket No. 2017da56455, the KSC held that a shipowner of a vessel, who is responsible for a collision accident, is not liable for ship salvage costs against a shipowner of a vessel, which sank to the bottom of the sea, approximately 90 meters below the surface, because the loss of the shipowner of the sunken vessel is not realized and established considering the possibility of refloating such vessel.