정기용선 선장의 불법행위에 대한 선주의 책임 (대법원 2003.8.22.선고 2001다65977판결)

Abstract

No provision in the Korean Commercial Code addresses liabilities of a time-chartered ship involved in collision. In one case, however, the Supreme Court ruled on whether the ship owner or time charterer should be held liable in such a tort action. (Decided on August 22, 2003, 2001다65977.) This study will examine the issue of who should be liable in a collision committed by negligence of a captain of a time-chartered ship causing damages to a third party. It will analyze the legal character of a time-charter contract, review judicial precedents on time charter, and the above-mentioned Supreme Court holding. It will also make legislative suggestions to resolve complex issues involving maritime transportation contracts under the current Commercial Code.