개정해상법의 문제점 검토

Abstract

Part 5 of the Commercial Law on maritime law was revised in 2007. Most of the clauses were rearranged as 8 chapters in Part 5 were reorganized into 3 chapters. The rearrangement of the clauses may seem like a major revision, but only 30 out of 157 clauses were inserted, revised or deleted in Part 5. Regarding the formality, the most prominent feature of the revised commercial law is the different formation. Chapters were significantly reduced and the order and the contents of each section were reorganized. The externality has undergone a major change as terms used in each clause were revised as well. However, the changes seem to have caused several unpredicted problems. The relevance of the titles of chapters and sections, logicality of section arrangements and possible ambiguity of certain legal terms are some of the issues. This thesis is focusing on problems that may arise from the formal changes of the revised commercial law and yet could easily be overlooked. Alternatives to secure relevance of chapter titles, logicality of section arrangement and appropriateness of legal terms are provided on this thesis in hopes of contributing to making a more sophisticated code of law. Especially it is “charterer” amd “shipowner” coming out in a commercial law Chapter 2, and these expressions will revise so that there is the number of to understand the meaning easily. A shipowner using in the commercial law must interpret by the only meaning. And It must interpret that charterer in the commercial law includes voyage-charterer, time-charterer and bare-boat charterer.