한국선박의 국적유치를 위한 제도 개선방안 연구 -절차 및 세제혜택방법을 중심으로-
A Study on Ship Registration Competitiveness for Korean Nationality -Using Procedure and Tax Benefit Methods-
0
조회
0
다운로드
6
인용
0
참고문헌
키워드
초록
In Korea, there are two major methods of acquiring vessels. One is to acquire vessels under the national flag and the other way is to acquire vessels under foreign flags, such as Panama. It is natural for Korean shipping companies to hoist the Korean flag, but the reality is not. Almost 85% vessels tonnage owned by Korea shipping companies are registered as foreign nationals. This is because it is more disadvantageous for the shipping companies to acquire a vessel by registering as a Korean nationality. In particular, in the case of financial institutions that provide ship financing, risk taking can not be avoided when registering in Korea. The disadvantage of registering in Korea is that, first, it takes a considerable time to set up a mortgage because the registration of ownership can be delayed under the Korean ship registration regulations even if the vessel is acquired and occupied. Second, financial institutions have to pay a high registration fee when setting up a mortgage on a vessel for security purposes. In terms of financial institutions, both are not easily accommodated. Therefore, this paper seeks to find a competitive way to acquire vessels as a Korean national.
Abstract
In Korea, there are two major methods of acquiring vessels. One is to acquire vessels under the national flag and the other way is to acquire vessels under foreign flags, such as Panama. It is natural for Korean shipping companies to hoist the Korean flag, but the reality is not. Almost 85% vessels tonnage owned by Korea shipping companies are registered as foreign nationals. This is because it is more disadvantageous for the shipping companies to acquire a vessel by registering as a Korean nationality. In particular, in the case of financial institutions that provide ship financing, risk taking can not be avoided when registering in Korea. The disadvantage of registering in Korea is that, first, it takes a considerable time to set up a mortgage because the registration of ownership can be delayed under the Korean ship registration regulations even if the vessel is acquired and occupied. Second, financial institutions have to pay a high registration fee when setting up a mortgage on a vessel for security purposes. In terms of financial institutions, both are not easily accommodated. Therefore, this paper seeks to find a competitive way to acquire vessels as a Korean national.
참고문헌 (21)
- 김부찬, "便宜置籍과 國際船舶登錄特區 제도", 국제법학회논총, 47(3), pp.2~48 (2002), 대한국제법학회
- 김인현, "해상법연구III" (2015), 법문사
- 김인현, "국적취득조건부 선체용선의 법률관계", 한국해법학회지, 39(1), pp.7~37 (2017), 한국해법학회
- 박경현, "선박국적제도에 관한 국제동향과 국내법의 개정방향", 한국해법학회지, 9(1), pp.142~177 (1987)
- 선박등기실무, "부산지방법원", 부산지방법원, ~ (2014)
- 서동희, "선적국법주의의 타당성", 국제사법연구, (17), pp.387~408 (2011), 한국국제사법학회
- 송상현, "해상법원론" (2008), 박영사
- 우보연, "便宜置籍船에 대한 法的 規制와 對應에 관한 考察", 외법논집, 34(1), pp.373~390 (2010), 법학연구소
- 정우영, "해양금융의 이해와 실무" (2011), 금융연수원
- 최세련, "선박의 나용선등록에 따른 법적 쟁점 검토", 한국해법학회지, 38(2), pp.153~177 (2016), 한국해법학회
- 최재수, "편의치적선의 역사적 배경과 현황", 한국해운물류학회지, pp.87~105 (2001)
- 최종현, "해상법상론" (2009), 박영사
- 채이식, "선박의 국적제도에 관한 연구", 한국해법학회지, 19(1), pp.21~77 (1997)
- 한국선주협회60년사, "한국선주협회", 한국선주협회, ~ (2007)
- Richard Coles, "Ship Registration: Law and Practice" (2009), Informa
- Icaza, Gonzalez-Ruiz and Aleman, "Panama Ship Registry Guide and Procedure", Icaza, Gonzalez-Ruiz & Aleman Law Office, ~ (2012)
- The Corporation under Panamanian Law, "Morgan & Morgan", Morgan & Morgan Group, ~ (2005)
- Panama Merchant Marine Ship Registration & Ship Mortgage Registration Procedures, "Morgan & Morgan", Morgan & Morgan Group, ~ (2005)
- Maritime Administrator, "Vessel Registration and Mortgage Recording Procedures", Republic of The Marshall Islands, ~ (2015)