선박소유자 등의 책임제한절차에 관한 법률 제42조 제3항 및 제4항에 대한 해석 및 적용범위에 대한 고찰- 인천지방법원 2013. 5. 21. 선고 2011가합17126, 2011가합17133(병합) 판결-

Abstract

Act on the Procedure for Limiting the Liability of Shipowners, etc. Article 42 (3) stipulates “A person who will be able to subrogate a limited creditor for a limited claim or will have a right to receive reimbursement from the petitioner or a for-profit debtor in the future may be deemed to have his/her own limited claim and may intervene in proceedings for limiting liability.” And the same Act Article 42 (4) stipulates “If the petitioner or a for-profit debtor proves with supporting evidence that he/she is anticipated to become subject to compulsory execution in a foreign country on the ground of a limited claim, the petitioner or a for-profit debtor may be deemed to have the limited claim in regard to the amount of the limited claim to be paid in compliance with the compulsory execution and may intervene in proceedings for limiting liability on the ground of the limited claim“. Since the scope of Implication of the Article 42 (3), (4) has not been established clearly, problems with legal issues will arise if Procedure for Limiting the Liability of Shipowners is filed simultaneously in different countries. Recently Incheon District Court‘s Judgement of 21 May 2013, Case No. 2011GaHap17126, 2011GaHap17133 ruled that Scope of Implication for ‘subrogate a limited creditor for a limited claim in the future’ which is contained in the above article does not include petitioner for Limiting the Liability of Shipowners. And the above precedent also ruled that Scope of Implication for anticipated to become subject to ‘compulsory execution in a foreign country’ does not include Limiting the Liability of Shipowners in a foreign country. This article is focused to analyze interlocking of Procedure for Limiting the Liability of Shipowners which is filed simultaneously in different countries, highlighting the interpretation and Scope of Implication of Act on the Procedure for Limiting the Liability of Shipowners, etc. article 42 (3), (4).