선체용선 등록제도 도입에 관한 입법론적 연구

• 영문명: A Study on the Legislation for the Introduction of Bareboat Charter Registration System
• 발행기관: 한국해양비즈니스학회
• 저자명: 진호현(Ho-Hyun Jin) 김진권(Jin-Kwon Kim)
• 간행물 정보: 『해양비즈니스』제44호, 47~71쪽, 전체 25쪽
• 주제분류: 경제경영 > 경영학
• 파일형태: PDF
• 발행일자: 2019.12.31

영문 초록

In order to use a vessel of more than a certain size for commercial purposes, the ship s nationality must be determined, the seafarers should be embarked, and various mandatory regulations in accordance with international standards must be implemented. And the cargo must be shipped to the vessel to use the original value of the vessel. The nationalities of those who have jurisdiction over a variety of purposes for using the vessel are also diverse. And seafarers of various nationalities are on board. Humans face various disputes during social activities. At this time, the law is a factor that resolves disputes smoothly. And there are countries that have jurisdiction over such laws. In the field of shipping, the nationality of a ship is a strong factor which serves as the basis for its jurisdiction. In recent years there has often been legal disputes over the bareboat charter of hire purchase vessels. Korean lawyers the views are compatible that the BBCHP vessel is a foreign vessel and has no jurisdiction and that the vessel has a real right to operate, so it must be jurisdiction and protect by real ownership, even though it is flag of convenience registry. In order to resolve such legal disputes, it is necessary to introduce a bareboat charter registration system. The bareboat charter registration system may benefit the Korean shipping industries and ship owners, but it may also be a disadvantage. Because jurisdiction is sometimes regulated but sometimes protected. The choice is left only to the ship owner using the law. In this paper, I review the legislative cases of various countries and the precedents of Korean court the bareboat charter registration system and propose a legislative improvement plan.

목차

Ⅰ. 서언

Ⅱ. 선체용선 등록제도의 개관

Ⅲ. 우리나라 선체용선제도의 현황 및 문제점

Ⅳ. 선체용선 등록제도의 입법론적 개선방안

Ⅴ. 결어

키워드

선체용선등록 소유권취득조건부 선체용선 관할권 유엔해양법협약 진정한 연계 Bareboat Charter Registration Bareboat Charter of Hire Purchase Jurisdiction UNCLOS Genuine Link