船員勤勞契約의 準據法에 관한 考察

• 영문명: A Study on the Governing Law of Seaman Engagement Contract
• 발행기관: 한국해사법학회
• 저자명: 김진권(Jin-Kwon Kim)
• 간행물 정보: 『해사법연구』해사법연구 제16권 제1호, 129~155쪽, 전체 27쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2004.10.01

영문 초록

Private international law or conflict of laws can be defined as inconsistency or difference between the laws of different countries, arising in the case of persons who have acquired rights, incurred obligations, injuries or damages, or made contracts, within the territory of two or more jurisdictions. Of the topic for discussion in maritime field of private international law, the problem of the governing law of seaman engagement contract may be taken place because only the governing law of labour contract is stipulated in the article 28 of Korean Private International Law. Thus, it is necessary to find out whether the article 28 may be applied to the seaman engagement contract with due regard to seaman's specific condition of work. Therefore the writer try to describe the relationships between labour contract and seaman engagement contract and the applicabilities of the governing law of labour contract making use of the constructive method. And then also try to consider whether to be applied the article 8 of Korean Private International Law, so to speak the Exception of Choice of Law Clause, "where the law of the country with which it is most closely connected is obviously existed, the legal relationship concerned is governed by the law of the country".

목차

Abstract

Ⅰ. 序言

Ⅱ. 船員勤勞契約의 意義

Ⅲ. 當事者自治의 原則

Ⅳ. 客觀的 準據法의 決定

Ⅴ. 便宜置籍 船員에 대한 檢討42)

Ⅵ. 結語

參考文獻