선박의 나용선등록에 따른 법적 쟁점 검토

Abstract

A State may grant registration and the right to temporarily fly its flag to a shipbareboat chartered-in by a charterer in the State, for the period of that charter. States whose legislation permits bareboat charter registration, whether involving ‘flag-out’ and/or ‘flag-in’ include Germany, France, Panama and Liberia. Meanwhile, the United Kingdom allows bareboat charter registration for ‘flag-in’. Korean law does not grant bareboat charter registration. In this paper, the author examined the general principles of bareboat charter registration, comparing the flag of convenience and the second registry of ship system. We also reviewed foreign legislation, including Germany, Panama and the United Kingdom, and examined the content of the United Nations Convention on Conditions for Registration of Ships in 1986. In addition, we reviewed the case law of the Supreme Court about governing law for the maritime liens against bareboat charter registration. In the Supreme Court Case No. 2013Ma816, the Court rendered that the governing law should be decided by the bareboat charter registration rather than the original registration. On the other hand, in recent decisions of the Supreme Court Case No. 2014Ma1099 and the Supreme Court Case No. 2014Da71507, the Court rendered that the governing law should be decided by the original registration. Finally, the necessity of introducing the bareboat charter registration in Korea was examined.