화물인도와 관련된 선사의 피해 어떻게 해결할 것인가

Abstract

The Korean Supreme Court established the legal theory (what we call “a legal theory of duplicate storage contract”) as early as 2004. According to the theory, an ocean carrier is deemed to have made an implied storage contract with a bonded warehouse where imported cargo, after being discharged from an ocean going vessel, is further transported to such bonded warehouse, operated by a third party company,without collection of bill of lading and the same warehousing contract (storage contract) was actually made with an importer (end user). Since establishment, this legal theory has hard and fast been maintained although it has been amended a few times in other contexts. The author is of the view that the above legal theory has serious defect, and as a result, many bona fide ocean carriers have been unlawfully damaged in Korea. In order to correct this situation, the Korean shipping community should very persuasively and incessantly present the unlawfulness of such legal theory of duplicate storage contract to the Court sothat the Supreme Court may abolish the same legal theory. If this task does not go well, thesame all out effort should be made toward amendment of some provisionsof Korean maritime law and/or related Customs Act and its subordinate regulations.