예선업자의 책임에 관한 고찰
A Study on Responsibility of the Tow shipowner
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A case to be a problem under the towage contract is a collision accident occurred during the sailing by tug operation. In this respect, consideration regarding allocating responsibility of the tug and tow is required if the collision occurs between them or damages to the third party. Specifically, the theory of identification which treat the tug and tow as a unit due to navigation problem is applied to compensation for damages because of collision, or theory of separation between tug and tow as dividing the compensation for damages responsibility by tug and tow, and theory of knock for knock which each owner of vessels pays their own damages. A concern for responsibility between tug and tow should be complied with condition of towage contract and each party should pay its own damage regardless of negligence pursuant to the clause of Knock for Knock. If the towage contract is not included with the clause of Knock for Knock, then it should find out the main agent regarding the damage as judging the crews and person who gives a direction for towing then impose the charge of compensation for damages. Moreover, a declaration of general average and compensation are not performed even though towage operation is included in a scope of general average on York-Antwerp Rule regarding the general average. Certainly, the general average is not necessarily occurred but, tow, in particular, is placed on the freight in cased of carriage contract can be valid for general average in accordance with law property of towage contract.
Abstract
A case to be a problem under the towage contract is a collision accident occurred during the sailing by tug operation. In this respect, consideration regarding allocating responsibility of the tug and tow is required if the collision occurs between them or damages to the third party. Specifically, the theory of identification which treat the tug and tow as a unit due to navigation problem is applied to compensation for damages because of collision, or theory of separation between tug and tow as dividing the compensation for damages responsibility by tug and tow, and theory of knock for knock which each owner of vessels pays their own damages. A concern for responsibility between tug and tow should be complied with condition of towage contract and each party should pay its own damage regardless of negligence pursuant to the clause of Knock for Knock. If the towage contract is not included with the clause of Knock for Knock, then it should find out the main agent regarding the damage as judging the crews and person who gives a direction for towing then impose the charge of compensation for damages. Moreover, a declaration of general average and compensation are not performed even though towage operation is included in a scope of general average on York-Antwerp Rule regarding the general average. Certainly, the general average is not necessarily occurred but, tow, in particular, is placed on the freight in cased of carriage contract can be valid for general average in accordance with law property of towage contract.
참고문헌 (23)
- 김준호, "민법강의" (2006), 법문사
- 권오, "2004 공동해손규칙(YAR)에 관한 연구", 관세학회지, 7(3), pp.137~160 (2006), 한국관세학회
- 류록상, "선박충돌에 있어서의 법률상의 문제점", 한국해운학회 (1988), 한국해운학회지
- 박용섭, "해상예선계약법" (1984), 해운항만기술연구소
- 박용섭, "해상예선소유자의 책임에 관한 연구", 박사, pp.1984
- 박용섭, "해상예선계약과 제3자에 대한 책임", 한국해법학회지, 2(1) (1980), 한국해법학회
- 이춘원, "예부선 상황에서의 충돌에 관한 몇 가지 문제점", 한국해법학회지, 29(1), pp.35~54 (2007), 한국해법학회
- 장인식, "선박충돌의 법적 측면에 대한 연구", 박사, pp.1999
- 정영석, "선박담보 충돌손해배상약관에서 예선열일체의 원칙의 적용 문제", 해사법 연구, 10(1) (1998), 한국해사법학회
- 정영석, "해상보험론" (2005), 해인출판사
- 한기택, "예인선과 피예인선이 예선열을 이루어 운항하던 중 선박소유자의 책임제한 대상이 되는 채권이 발생한 경우의 책임한도액 산정", 대법원판례해설, (30) (1998), 법원도서관
- 東京海損精算事務所, "實務海上保險論集" (1990)
- 原茂太一, "曳船契約法論" (1970), 千倉書房
- 田中誠二, "海商法詳論" (1976), 勁草書房
- 小町谷操三, "船舶衝突法論" (1948), 岩波書店
- Hopkins, Frederick Neville, "Business & Law for the Shipmaster, Glasgow Scotland" (1977), Brown, Son & Ferguson
- Lord & Spraque, "Cases on the Law of Admiralty" (1939), Minn
- McGuffie, Kenneth C., "Marsden The law of Collision at Sea" (1976)