개정 해상법상 전자선하증권 규정에 관한 고찰 - 전자선하증권 시행규정(안)을 중심으로 -

Abstract

Article 862 of the Revised Maritime Law(2007) provides that an electronic bill of lading can be issued by the carrier by means of electronic registration with the central Title Registry. Article 863 includes the following five provisions: 1. Carrier may issue an electronic bill of lading in place of a paper bill of lading upon consent of the consignor or charterer by means of electronic registration with the Title Registry. An electronic bill of lading has the same legal effect as the paper bill of lading. 2. An electronic bill of lading must include the information required by Article 853, subpara. 1, and the carrier must electronically sign the bill before transmitting it to the consignor or charterer. The electronic bill of lading becomes effective upon receipt by the consignor or charterer. 3. The owner of the electronic bill of lading may transfer his rights to the counter-party by transmitting an electronic document of endorsement as an attachment to the electronic bill of lading. 4. The transmission of an electronic bill of lading with an attached electronic document of endorsement has the same legal effect as a transfer of rights by endorsement of a paper bill of lading, and a party who obtains a transfer of rights by means of an electronic bill of lading has the same rights as a party who obtains a transfer of rights by means of a paper bill of lading. 5. The specific requirements for registration of electronic bills of lading in the Title Registry, electronic formalities regarding issuance and endorsement, the detailed process for receipt of carrier goods, and any other required matters, shall be prescribed by Presidential decree. In accordance with Article 862, para. 5, the Ministry of Justice has prepared a number of draft rules for the implementation and enforcement of the electronic bill of lading provisions of the Revised Maritime Law. These draft rules contain provisions related to the following matters: 1. Specific requirements and procedures related to the Title Registry. 2. Rules regarding the issuance of electronic bill of lading. 3. Procedures for the endorsement of an electronic bill of lading 4. Alterations to the contents of an electronic bill of lading 5. Demands for delivery of goods by submission of an electronic bill of lading 6. Exchange of electronic bills of lading for the delivery of goods 7. Conversion of an electronic bill of lading to a paper bill of lading 8. International transfers of electronic bills of lading 9. Preservation of records for electronic bills of lading