한국 해사법정 및 한국 준거법 활용현황과 그 활성화 방안

Abstract

Korean dispute resolution institutes such as Korean civil courts and Korean Commercial arbitration board are not frequently engaged in the maritime dispute cases. Korean law is also rarely selected as a governing law in the contract involved in the international maritime transactions. They may be the result of the prevailing English law tradition in the maritime business. The writer tried to find out current situation on the frequency of Korean governing law clause engaged in the maritime related contract and of the Korean court or arbitration engaged in maritime business. The result of the research showed very low frequency. The writer then tried to show several ingredients which comprise of the Korean dispute resolution mechanism regime. In conclusion, the writer suggest several ideas on how to increase the frequency of the engagement of the Korean governing law clause and the number of the cases dealt in the Korean jurisdiction such as publishing Korean Standard Form of charter parties, encouraging the establishment of credited maritime arbitrator and publishing Korean Maritime Cases reports.