채무자 회생 및 파산에 관한 법률상 국적취득조건부 나용선 계약의 처리방안

Abstract

BBC HP is perceived as ship hiring or ship lease in Korea, but BBC HP is a kind of bareboat charter. Bareboat charter may be classified into bareboat charter (BBC), in which the rights of a ship are taken by domestic shipping company except for long-term ownership, and bareboat charter of hire purchase (BBC HP), in which domestic shipping companies construct a ship by raising funds from lease companies or financial suppliers with contract of affreightment as security, repay cost of ship by lease, and nationality can be purchased after a certain period. In Korea, forum convenience(or flag of convenience) of ship is considered not legal in principle, but BBC HP may be an example of forum convenience that is legally allowed. As the nationality of a ship is globalized by so-called flag of convenience, there are controversies on how to handle cases in which a ship is related to rehabilitation procedure, but there are few theories or judicial precedents associated with such cases. In this context, discussions are required because practical problems related to BBC HP are being posed continuously. The author in this study will first discuss: Ⅱ. application of the procedure on Rehabilitation and Bankruptcy of Debtor (hereafter referred as the Debtor Act) when the law of the ship`s nationality is foreign, due to the fact that the law is regarded as the governing law in nationality of a ship. When it is possible for domestic laws to be applied to insolvency of a ship that is applied of BBC HP, it may be problematic how to handle the BBC HP from the aspect of the domestic Debtor Act. Therefore, the author will investigate Ⅲ. legal properties of BBC HP and, in connection with the properties of BBC HP, discuss Ⅳ. how to handle BBC HP from the aspect of the Debtor Act by each phase by explaining the process of insolvency procedure. Finally, the author will describe Ⅴ. how domestic shipping or lease companies of BBC HP can handle lease contracts during insolvency procedure.