국제해사조약의 국내법상 수용방안에 관한 고찰 - 해사채권책임제한조약의 수용방안을 중심으로 -

Abstract

There are a lots of international maritime convention in the area of maritime law because of it's international unification character. Per example Convention on Limitation of Liability for Maritime Claims(LLMC 1976), Protocol of 1996 to amend the convention on Limitation of Liability for maritime claims, 1976, International Convention on Salvage, 1989, Hague Visby Rules, 1968, International Convention on civil liability for oil pollution damage(CLC 1969), Protocol of 1976 to the International convention on civil liability for oil pollution damage, 1969(CLC Prot 1992) etc. some of these convention has been made by CMI, others has been made by IMO. Nowadays IMO has made mainly several international maritime conventions. This paper aims to find out the method of adoption of the international maritime convention. Especially this paper focused on the method of adoption of the LLMC 1976. Korea Maritime Law already adopted the contents of the LLMC of 1976 without ratification procedure when the korea maritime law was revised in the year of 1991. But Korea shipowner must constitute a limitation fund according to article 13 of LLMC 1976 to the other court forum which is a contracting states of LLMC 1976 even if he already provided the limitation fund according to the limitation procedure because a claimant bring a lawsuit against korea shipowner for a matter of shipowner's liability in Korean court. That's a problem because Korea is not the contracting state of LLMC 1976. So This paper recommend Korea government to ratify the LLMC 1976 or the Protocol 1996 of LLMC 1976 and suggest the concrete method of adoption of LLMC 1976.