로테르담 규칙하에서의 運送物 引渡制度에 대한 硏究 - 우리 법과의 비교를 중심으로 -

Abstract

Rotterdam Rules which was passed UN General Assembly in December 2008 has several provisions in relation to the delivery system of goods. Under the Hague-Visby Rules the delivery systems are left to national laws. Rotterdam Rules tries to provide foreseeability to the parties in the contract of the carriage of goods by sea by adopting unified delivery system. The Rules impose obligation to accept the goods on the consignee only when it demanded the delivery of the goods. Under the Rules, the carrier has obligation to receive, load, discharge and deliver the goods under the contract, which extends the carrier’s obligation as oppose to the Hague-Visby Rules. Under the Rules, the consignee should receive the goods at the agreed time and places. Otherwise, the carrier can seek instruction from the consignor or controlling party on the delivery and if it follows the instruction, it is exempted from the delivery obligation. In case in which the bill of lading expressly states that the goods are allowed to be discharged without exchange of the bill of lading, the carrier can make use of the same procedures. If the consignee does not appear at the agreed time and place, the cargo is subject to goods remaining undelivered, under which case the carrier are entitled to sell or to store at any suitable place and its obligation and liability are lessened considerably. Unless the consignee prove that the cargo damages was caused by the carrier with the intentional act or willful misconduct. The carrier is not liable for the cargo damages. In the meantime, the consignee has obligation to receive the goods if it receive the notification of the arrival of the goods under Korean Commercial Code. The only way for the carrier to relieve of its obligation to deliver goods is to deposit the goods to the public deposit office. On the other hand, the Rotterdam Rules has several effective mechanisms for the carrier to exempt its liability positively under the situation of the consignee’s delay in accepting the goods due to its faults.By adopting these new provisions into Korean Commercial Code, the relationship between the carrier and shipper will become more balanced.