편의치적선의 법적지위

Abstract

The flag of convenience ship is the system which has one way-both sides characteristic. In being legal, formal side, paper company becomes the owner of the flag of convenience ship. however, in substance, someone in the rear who invests his money becomes the real owner. such a special feature of the 'FOC' caused our administration authorities throw into confusion. As an economic principle of Capitalism, 'FOC' is a natural phenomenon of international shipping industry to pursuit to develop competitive power, that survive in international shipping enterprize market. Nevertheless this fact, if we regard just an object of restriction and push various kinds of restriction then it brings conclusion that atrophied the nation's maritime competitive power. Relating with legal status on International law of 'FOC', we examined the contents that regulating FOC by international body as ILC, IMO, OECD, and agitating against FOC by ITF etc. Therefore, now, we could see the conclusion of this discussion becomes the beginning that approve legitimacy about FOC meets safety standard. The other side, relating with legal status on domestic law of FOC, we couldn't see the literature which interpretate its validity but theories that the piercing corporate veil and umgehung des gesetzes is now discussing. In my personal sight, FOC has validity cause it is a confirmed international habitual and there's no rule that prohibit FOC on international law or domestic law. Simply, related with customs law, the latest precedent judged that the FOC's importation is illegal thing as by customs law, article 180 enacted. Therefore, the precedent acts it may composes crime of evaded tariff. But, nowadays, in case of the shipment, there is applicated non-tax rate as aircraft. because of amending the customs law. so, in the relations between evaded tariff of customs law, latest regulation may no more meaningfully. Meantime with the International Private Law, the case where as a matter of FOC becomes problem that the possibility of nationality of FOC with the law of ship's nationalty is a problem regarding the vessel real right, with where put the Conflict of law, after affirming the existence of FOC, not immediate regulative problem against the effectiveness of FOC. Conclusively with international law or domestic law, FOC is the system which is effective. The fact it was regarding as a violation of the Customs Law because of only regulating in compliance with the international body etc. against the side effect of FOC in existing and the financial income in domestic law didn't be denied. Internationally, at least the sea contamination accident and safety accident are improved plentifully because of strengthen safety standard and domestically, Customs Law it will burn with opening a court of tariff modulo and the problem was escaped, So, if we recognize the 'FOC' has a great harmful influence on maritime society unconditionally, it may be an old thinking that is behind the times. The policy that thinks FOC in only target of regulation is sublated. Naturally the recognizing of FOC as an express provision is a problem of legislation policy, but a point of view seeing it only target of the regulation must be thrown away.