해상여객운송법제(아테네 협약) 수용방안 연구

Abstract

International Maritime Organisation(IMO), UN Specialized Agency with responsibility for the marine affairs, adapted the amendments to the Athens Convention Relating to the Carriage of Passengers and their Luggage by Sea, 1974 on November 2002. The amendments to the Convention are contained in a Protocol to the Athens Convention. The new instrument will provide for an adequate compensation for death and personal injury claims and claims for loss of or damage to luggage and vehicles. Especially, the Protocol requires carriers to maintain insurance or other financial security, and has been raised the liability of the carrier for the death of or personal injury to a passenger from 175,000 SDR to 400,000 SDR. Meanwhile, Korea does not ratisfy any the 1974 Athens Convention or 1990 Protocol. It implies that Korean Commercial Code(hereinafter KCC) has a difference with international standandards. In order to improve the gap between International convention and KCC, this paper recommends as follows : In the short term, Korean government should incorporate critical contents of Athens Conventions regimes such as a raising of the limits of liability, introdution of the package limitation, and compulsary insurance system into KCC or relevant regulations. In the long term, KCC has to be revised significantly to adapt the 2002 Protocol of 1974 the Athens Convention.