스위치 선하증권과 공선하증권을 이용한 중계무역거래에서 적하보험자의 대위권 청구 당사자에 관한 연구

• 영문명: A Study on the Rights by Subrogation of the Cargo Insurer in the Intermediate Trade Used Switch B/L and Validity B/L
• 발행기관: 한국무역연구원
• 저자명: 이제현(Je-Hyun Lee) 김영경(Young-Kyoung Kim)
• 간행물 정보: 『무역연구』제18권 제2호, 143~156쪽, 전체 14쪽
• 주제분류: 경제경영 > 무역학
• 파일형태: PDF
• 발행일자: 2022.04.30

영문 초록

Purpose This study analyzes the Supreme Court precedent and research the relationship of subrogation rights of cargo insurers to sea carriers based on responsibility for issuing bills of lading and responsibility for transporting, unloading, storing, and delivery of cargo. Design/Methodology/Approach This study performed a literature review and analysis of Korean Supreme Court Decision 2018Da249018 decided on June 11, 2020. Findings The results of this study are as follows. First, if the sea carrier is the employer or agent of the sea carrier who issued the first bill of lading or is entrusted with the authority to issue the bill of lading, he is subject to the subrogation right of the cargo insurer. Second, the issuer of the validity bill of lading is not responsible for transporting, unloading, loading, storage, and delivery of the transport cargo and is not subject to the subrogation right of the cargo insurer. Third, if the issuer of the validity bill of lading is liable for unloading, loading, storage, and delivery from the time the ship enters the port of arrival due to the employer, agent, subcontractor, or shipper of the first bill of lading, he is subject to the subrogation right of the cargo insurer. Research Implications T he party to the claim for subrogation of the cargo insurer means all parties, including sea transport, except the insured, policy holder, and insurer, who are liable for damages to the insured in the same manner as the shipper’s right to claim damages to the sea carrier. In transit trade transactions in which a single cargo is transported on a single route, switch bills of lading cannot be issued due to the trade transaction structure. Nevertheless, when a switch bill of lading is issued, it becomes a validity bill of lading and becomes an illegally issued bill of lading. When a bill of lading is issued, the party to the claim for subrogation of the cargo insurer shall determine whether the party in charge of unloading, loading, storage, and delivery of cargo after its arrival at port is subject to thell of lading should not be regarded as a bill of lading, but as a cargo reimbursement certificate necessary for land transportation in the area where the ship arrives.

목차

Ⅰ. 서론

Ⅱ. 스위치 선하증권, 공선하증권의 운송인과 적하보험자 대위권간의 법률관계

Ⅱ. 대법원 판례분석

Ⅳ. 결론

키워드

Cargo Insurance Intermediate Trade Rights by Subrogation Subject-Matter Insured Swich Bill of Lading Validity of Bill of Lading