判例를 통해 본 海上複合運送周旋業者(Ocean Freight Forwarder)의 法的 地位

Abstract

In this essay, an ocean freight forwarder is defined to be the person who, as agent for the customer requesting for ocean transportation of cargo, perform all the services such as arranging for consolidation, warehousing, loading, carrying, taking insurance and delivery of the cargo, from the moment of receipt of cargo from a shipper until delivery, as well as, under the intermodal transport system, as a party to the carriage contract, undertaking the responsibility for the entire period of transportation upon issuing the intermodal bill of lading as intermodal carrier. Our case law suggests that when an ocean freight forwarder issues a bill of lading in his name, such ocean freight forwarder becomes the ocean carrier. However, if an ocean freight forwarder does not issue a bill of lading in his name, such ocean freight forwarder is, in general, considered to be only the ocean forwarding agent. Nevertheless, it was held by an appeals court that when an ocean freight forwarder separately concluded a voyage charterparty with the shipper, then such ocean freight forwarder was the ocean carrier, even if he did not issue a bill of lading in his name. As discussed on the Supreme Court Decision (Case no. 99Da40944 dated 7 September 2001), in my view, it would be desirable to view, more positively, an ocean freight forwarder as the ocean carrier, in light of the fact that the freight that he receives is different, in nature, from a commission an ocean forwarding agent receives, even when the ocean freight forwarder does not issue a bill of name in his name.