항만운송주체에 관한 법적 쟁점과 개선방안

Abstract

Nowadays, maritime transportation which is heavily significant in korea, accounts for more than approximately 95% of total cargo transportation. In the point that the maritime transportation cannot be processed without port, the port is both A to Z of the maritime transportation and the gateway of global supply chain which connects ship and either train or truck. In spite of this importance of the port, the law and research on port transportation are insufficient in korea. The legal system of the port is hard to understand since it is not regulated by one single law, rather several separated individual laws. Since the legal system roles as an administrative regulations, important legal issues such as the rights and obligations for main agent of port transportation is not ruled by the legal system. Although self-regulating management of Korean Port Authority is guaranteed by Korean Port Authority Act article §3, in practice, Korean Port Authority is controlled by the government departments such as the Ministry of Maritime Affairs and Fisheries, the Ministry of Strategy and Finance and other laws in legal perspective. Accordingly, the authors will try to review the relevant legal systems and draw an outcomes to reinforce public character and to secure international competitiveness in the global maritime market. The Korean maritime law have a ‘Limitation on Liability Clause’ for shipowner and carrier, however, it is not reasonable to make the main agent of port transportation to compensate entire liability because they also take charge of significant roles in maritime transportation. Consequently, the authors will analyze an applicability of ‘Limitation on Liability Clause’ of international conventions and Korean maritime law for the main agent of port transportation by reviewing international agreements.