개정 해상법의 주요 쟁점에 관한 고찰

• 영문명: A Study on korean Marine Law
• 발행기관: 전남대학교 법학연구소
• 저자명: 황근수(Hwang, Keun-Soo)
• 간행물 정보: 『법학논총』제27권 제2호, 95~117쪽, 전체 23쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.12.30

영문 초록

Historically, korean Marine Law has been located on 5 section in korean Commercial Law(like that of Japan and Germany). Like this, Korean Marine Law has had a distinctive feature during that time. However, As World Marine Transport is changing recently, it has been revised in 1991, and passing the bill by a large margin. That s the modern style Revision 2007. Its representative ones are the followings. That is, (a) Korean Marine Law organization is re-constructed in advanced foreign national marine law system orderly. (b) The Liability of Carrier is more responsible than the past. (c) The articles of korean Marine Law introduce and codify an Electronic Bill of lading or Multi-Transport Document. The modernizing korean Marine Law is appraised affirmative in view of korean Commercial Code. However, There are several irrational points. That is, the revised Draft of Marine Law weighed carrier’s Duty or Liability more than the past. This article is not satisfied with carriers. Because We forcibly accepted to International Standard Regulations(eg. the Hague-Visby Rules to missing or damage on carriage of goods, the Hamburg Rules to delivery delay, and U.S COGSA to ship owner’s liability limitation etc.). Therefore, in order to develop the korean Marine Law in the future, I think that we don’t accept in need the International Standard Rules, but we had better do it in sanctioning and affiliating the International Conventions related with Marine Law.

목차

Ⅰ. 머리말

Ⅱ. 改正經緯 및 理由

Ⅲ. 改正 海商法의 主要內容

Ⅳ. 核心爭點의 檢討

Ⅴ. 맺음말

키워드

해상법의 현대화 해상운송계약 운송인의 책임 전자선하증권 선박우선 특권 선박채권자(화주) 인도의무 Modernization of Marine Law Marine Transport Contract Liability of Carrier An Electronic bill of Lading Marine Lien Ship Creditor Duty of Delivery