정기용선계약하에서의 재운임 또는 재용선료에 대한 선박소유자리언에 관한 연구

Abstract

A number of disputes on time charter party have been taken place as there have been rapid increases of demand for time charter activity recently due to noticeable developments in the shipping industry. In case the time charterers fail to pay hire in time, the shipowners instruct the master not to open the hatch cover to exercise the shipowners lien on the cargoes at discharging port after vessels arrival at discharging port or during the discharge of the cargo, or lien the sub-freights or sub-hire unpaid to the time charterers by sub-charterers. However, in this regard, the cargo owners may lodge a claim against shipowners due to illegality of shipowners lien on the contrary. Accordingly, this study is intended to review the legality on the shipowners lien upon the sub-freights or sub-hire. In Korea, there have been few studies and no theory with consistency on the shipowners lien upon the sub-freights or sub-hire in the time charter party. However, this study is focused to analyze the shipowners lien upon the sub-freights or sub-hire in the time charter party through review of the maritime cases in England and America because there have been lots of studies on the shipowners lien upon the sub-freights or sub-hire through the maritime cases in England and America. Also, on the legal aspect, this study will compare the Korean Commercial Code with the English and American law after reviewing the Korean Commercial Code. The purpose of this study is that it will contribute to provide the materials on the shipowners lien upon the sub-freights or sub-hire in the time charter party for people in shipping business for their educational purpose.