2007년 개정상법 해상편 주요내용의 법리분석
A Legal Analysis of the Revised Korean Maritime Law 2007
송호신(충주대학교)
24권 3호, 737~768쪽
초록
Last on July 2. 2007, an extra session of the National Assembly passed the bill of amended Korean Commercial Act 2007, partly revised Maritime Law 2007. This act is aimed at three objects. The first is the changing legal system for the modern business practice on the marine transportation and international trade. The second is settling parties interests among the shipowner, the carrier, the consignee and so on. The third is acceptance of the international marine convention. There are six main contents in this law, such as a responsibility of shipowner on the passenger damage limits an upward revision, an arrangement on the legal structure to the marine transportation contract, a raising on the limitation of carrier liability for packing and an induction of the limitation for maritime claims, legislation on the liability of the intermodal carrier, lawmaking on the Electronic Bill of Lading and the Sea Waybill, enacting on regulation to special compensation to cost for preventing of environment pollution. Korea is a maritime country. Three area of lands are surrounded by sea. The economy in our country depends on international trade through a sea. But Korean Maritime Law is undeveloped. So it does not used in the marine transportation and international trade. Instead, according to transport clauses, make massive used in foreign law or international treaty. In this time is very appropriate, it is a task of great significance to amend the Korean Commercial Act. But it does not legislate all of issues. We does not have plenty of time for revised all of the law. And interested parties come into collision with each other. It is put to feel inconvenience, but we have to remember the saying, "you must not expect too much at your first attempt". Later day, we promised iron out the wrinkles.
Abstract
Last on July 2. 2007, an extra session of the National Assembly passed the bill of amended Korean Commercial Act 2007, partly revised Maritime Law 2007. This act is aimed at three objects. The first is the changing legal system for the modern business practice on the marine transportation and international trade. The second is settling parties interests among the shipowner, the carrier, the consignee and so on. The third is acceptance of the international marine convention. There are six main contents in this law, such as a responsibility of shipowner on the passenger damage limits an upward revision, an arrangement on the legal structure to the marine transportation contract, a raising on the limitation of carrier liability for packing and an induction of the limitation for maritime claims, legislation on the liability of the intermodal carrier, lawmaking on the Electronic Bill of Lading and the Sea Waybill, enacting on regulation to special compensation to cost for preventing of environment pollution. Korea is a maritime country. Three area of lands are surrounded by sea. The economy in our country depends on international trade through a sea. But Korean Maritime Law is undeveloped. So it does not used in the marine transportation and international trade. Instead, according to transport clauses, make massive used in foreign law or international treaty. In this time is very appropriate, it is a task of great significance to amend the Korean Commercial Act. But it does not legislate all of issues. We does not have plenty of time for revised all of the law. And interested parties come into collision with each other. It is put to feel inconvenience, but we have to remember the saying, "you must not expect too much at your first attempt". Later day, we promised iron out the wrinkles.
- 발행기관:
- 법학연구소
- 분류:
- 법학