2006년 중요 해상법 판례 평석

Abstract

During 2006, Korean maritime law gained only 4 reported Supreme Court judgments. On May 12, 2006, Korean Supreme Court allowed the carrier to invoke the right to exonerate liability because the damages was caused by the latent defect of the cargo. On Oct. 26, 2006, the Court regarded the lower-level of managerial staff's decision of loading the cargo on-deck against the contract as the decision of the carrier itself and thus did not allowed the package limitation. Furthermore, the Court pierced the corporate veil of the contractual carrier because it was only mere paper company of the other entity which is, in this case, the shipowner. Therefore, the shipowner was rendered to be liable for the cargo damages. On Dec. 21, 2006, the Court rendered that the shipping agent did not breach its duty to exchange bill of lading when it handed over the cargo to the bonded store because the cargo was still under the possession of the carrier through the bonded-store keeper. On Oct. 26, 2006, the Court decided that the shipowner who was imposed by the Korean Marine Safety Tribunal the recommendation to take remedial measures as a kind of sanction was entitled to institute a lawsuit to request the cancellation to the recommendation sanction to the Korean Supreme Court.