2018년 중요해상판례소개

Abstract

In 2018, the Korean court rendered 8 decisions involving important maritime law issues. Summaries of the court decisions are as follows: (1) In the Supreme Court of Korea (hereinafter “KSC”) case 2018. 8. 30. Docket No. 2018Doo43774, the court held that where a fisherman has deceased under medical care due to injury or disease for any reason, other than his/her duties, bereaved family benefits are allowed on the condition that he/she deceased within 3 months from the starting date of medical care. (2) In the Daejeon High Court case 2018. 9. 5. Docket No. 2018Noo10154, the court held that the disciplinary order rendered by marine safety tribunal shall be cancelled on the reason that a co-pilot in question did not breach a duty to perform safe pilotage. (3) In the Seoul Central District Court 2018. 5. 18. Docket No. 2017Gahap17851, the court held that as the legal nature of slot charter entered into between Hanjin Shipping and Yang Ming is voyage charter categorized as a carriage contract, freight which were obtained from voyages which ended after the order for the commencement of rehabilitation proceeding should be regarded as Priority claims recognized in the Debtor Rehabilitation and Bankruptcy Act. (4) In the Seoul Central District Court 2018. 1. 12. Docket No. 2017Gahap521596, the court held that a cargo owner who received their cargo at his/her own expense are eligible to claim reimbursement of management of affairs costs outside the Hanjin Shipping’s rehabilitation process. (5) In the KSC case 2018. 3. 29. Docket No. 2014Da41469, the court held that a paramount clause which applies the US COGSA in terms of a carrier’s liability could be interpreted as the designation of governing law in part. Thus, the KSC ruled in favor of the carrier stating that the limitation of liability under the US COGSA was valid. (6) In the KSC case 2018. 12. 13. Docket No. 2018Da244761, the court held that where a shipper and a contractual carrier agree to extend time limitation on claims, the contractual carrier is allowed to make recourse claim against actual carrier under the article 814(2) of the Commercial Act within 3 months from the expiry date of such extension agreement. (7) In the KSC case 2018. 10. 25. Docket No. 2017Da272103, the court held that the cargo owner in question did not breach the principle of utmost good faith under the 1906 MIA with regard to a cargo insurance governed by English law. (8) In the Seoul High Court case 2018. 11. 16. Docket No. 2017Na2071933, the court held that insurers are exempted from obligation to pay insurance proceeds due to unseaworthiness of the MV Sewol under the article 39(5) of 1906 MIA.