디지털화 및 공급망불안정 시대의 해상법 과제

Abstract

Digitalization and unstableness of the supply chain are two features during 2020 and 2021 under the Pendemic. Entering into the contract for the carriage of goods in the mode of face-to-face is substituted by the mode of on-line. The freight forwarder is no longer needed in the process of entering into contract for the carriage. It is because lots of good information is provided by on-line website of the shipping company. The short labors suply due to COVID-19 in the US land transportation caused delay in delivery of cargo at harbor, which, in turn, forced the vessels to stay at the port area laden with cargo on board. The supply chain in the world was affected negatively by this kind of bottleneck. The freight sharply increased and no vessel space was available. What will be the effect of these two circumstances on the maritime law? The stage of entering into the contract will be shortened because the shipper is likely to find the carrier easily on the website of the carrier. There will be no more two carrier such as the contractual carrier and actual carrier. Owing to the digitalization, the owning the vessel and using the space of the vessel will be more common than it is. Fitting IOT will enhance the value of the container box as a collateral. The unstableness in the liner shipping business can be overcomed by the use of the shipper's association. The service contract is a useful tools fo the benefit of both the carrier and the shipper. However, the shipper without large quantity of the cargo will not be allowed to enter the contract. It can be achieved by small shipper's collaboration. They will gather their cargoes in the name of the shipper's association. The shipper's association are able to enter into the service contract with large cargo quantity. The legal nature of the detnetion charge is a kind of damages caused by the breach of the shipper's interest. The detention charges are controlled by the FMC in the US. Imposing detention charge not in accordance with the FMC rules and Shipping Act will be null and void. The international convention on the total logistics contract is needed to be established as soon as possible. Korea may promulages the total logistics contract domestically in advance than international community. By solving the above two circumstances, we are required to provide forseability and stableness to the stakeholders involved in the maritime business.