선박유치권에 관한 연구

Abstract

This study suggests the legislation as a alternative of the right of retention of ship while weather the contents about the right to demand of creation of mortgage suggested as a alternative of those who have paid for expenses could be adjusted to right of retention of ship or not, and abolished the right of retention of immovable considered as a alternative about of it in dispute on the civil law. This dispute about the right of retention in civil law has proceeded a lot recently, but there is no dispute at all about right of retention of ship. When we considered S.Korea ranks at first in heavy industry and sixth in shipping despite of the special personality of this area, the study of this area has not done well. Moreover there is nowhere the regulations about right of retention of ship, so the general regulations on the civil law is literally adjusted to right of retention of ship as well. The problem of right of retention has arisen a lot and being a core of debate in the part of a immovable right of retention as serious problem at immovable auctions procedure. because, in the case of right of retention of movable assets, the right of retention works well as follow as its own purpose, meanwhile, immovable right of retention produce adverse effects more than the proper functions. The essence of ship is movable, but registered ships are handled by immovable right. Despite of it, the essence of ship is still strong movable right. Right of retention as claims for repair of the vessel experts properly. Foreign ships are not available to register mortgage on the claims for repair of the vessel. If It will be legislated as an alternative about immovable right of retention in civil law such as abolishing immovable right of retention and right to demand creation of mortgage those who have paid for expenses, without discussion about it, it will make a big mistake about protecting natives who working for domestic shipbuilding repair. In conclusion, right of retention of ship has different sides dislike immovable right of retention, so that right of retention of ship should be maintained. As for the methodology to maintain, firstly, Making new rules about right of retention of ship considering its special personality of it is referred. and secondly registered vessel can be exception as there is exceptional rule about unregistered real estate in civil law. Even though it is problem of legislative policy, when we consider the specificity of right of retention of ship and relationship with international convention on maritime liens and mortgage 1993, the former is more adequate than the latter.