2003년도 海商法 判例 評釋

The writer makes comments on the 7 maritime cases rendered by the Korean Supreme Court during the year of 2003. On January 10, 2003 Korean Supreme Court(2000da70064) rendered that the straight bill of lading whithout the remaks of non-negotiable can be transferred by endorsement. Even though the B/L was not endorsed, the transferee can prove the transfer of the right with other methods. On February 14, 2003 Korean Supreme Court(2002da39326) confirmed that a freight forwader does not have a duty to investigate the possibility of arrest of the vessel due to not paying port charge in a particular port when she arrange forwarding at the request of the merchant. On August 22, 2003 Korean Supreme Court(2001da65977) rendered that the main obligor of the collision damages was shipowners rather than time charterer. The court premised on that under the time charter party the shipowner has the right and obligation on the ship's navigation while the time charterer has them on ship's commercial operation. This decision is in line with the court's previous decision. On October 24, 2003 Korean Supreme Court(2001da72296) decided that the newly issued bill of lading after the consignee receive the cargo is invalid therefore the holder can not have the right to claim damages of cargo. On June 13, 2003 Korean Supreme Court(2001da42660) rendered that the cargo insurance coverage ends, under English law, when the insured subject departs from the normal course of transit, which is under control of the insured. On December 11, 2003 Inchon District Court(2001gadan82438) decided that a provision of Presidential Decree of Seaman's Act which requires shipowners to enter an insurace contract, naming the crew as the insured, is invalid, viewing the nature of direct action of the relevant provision of Seaman's Act.