2002년도 海商法判例 評釋

Abstract

The writer makes comments on the 8 maritime cases rendered by Korean Supreme Court during the year of 2002. On February 8, 2002 Korea Supreme Court(2001da 58461) confirmed that the stevedore company was not entitled to invoke package limitation when he entered into cargo handling contract with the shipper rather than the carrier. On May 28, 2002 Korea Supreme Court(2001da 12621) rendered that the claims against the shipowner was not allowed when the master was under control of the charterer as the salvor. On June 14, 2002 Korea Supreme Court(2001da 2112) confirmed that the crew recruiting company did not hold responsible for the believed family and the owner held responsible for the damages. On June 28, 2002 Korea Supreme Court(2000da 221062) rendered that the insurance company was entitled to exempt his responsibility when the insured(owner) breached the seaworthiness warranty under the time policy. On July 23, 2002 Korea Supreme Court(2000du 1847) decided that the crew of barge were applicable for the newly revised Korea Seamen’s Act rather than the general Labor’s Compensation Act. On September 6, 2002 Korea Supreme Court(2002chu 54) rendered that the investigator of Korea Marine Accident Inquiry Agency was entitled to the plaintiff against the head of the same agency. On October 25, 2002 Korea Supreme Court(2002da 23598) confirmed that the negotiable B/L was not the master B/L but the house B/L and thus the consignor’s holding master B/L was not related to the actual carrier’s liability for his agen’s wrongful delivery. On December 10, 2002 Korea Supreme Court(2002da 39364) decided that the fire which started from outside the vessel fell within the category of the fire under the Article 788 of Korea Commercial Code and thus the carrier can be exempted from the liability against cargo owner.