소형선박저당법(제정안)에 관한 고찰

Abstract

Mortgage is widely used for the financing of new shipbuilding or purchase of existing ships. However, Under the Korean Ship Registration Act, only ships with 20 gross tonnage or over could register their ownership, mortgage, and hire. Ships less than 20 gross tonnage couldn't; they are being treated as just movable property. Thus the method of public announcement is the possession of these ships. The change of the ownership is completed by the delivery of ships. However, this system makes a lot of difficulties in transactions of ships, which move from place to place. If a creditor possesses a ship to secure a credit, the shipowner could not use the ship and make money. To solve this problem, there are individual mortgage acts for airplanes, automobiles, and construction machineries, respectively. Thanks to the increase of income and shortened working hours, Korean people become more interested in marine leisure activities. However, the lack of ship mortgage system in Korea prevents people from buying leisure boats. Recognizing this problem, the Korean Government is planning to establish a new Act regarding small ship mortgages. The proposed Act could be enacted in the National Assembly by the end of 2005, unless otherwise opposed. As director of the division in charge, the writer introduces the proposed Act and its legal implications. In addition, the writer wishes to indicate three points that need further discussion during the rule-making procedures; prohibition of the right of pledge on small boats, limitation of shipowners' liability, and maritime lien. Since there are views of pros and cons, they could be decided after the full deliberation of their implications, probably at the last minute at the National Assembly. Finally, the text of the proposed Act is attached at the end of the paper for further information.