상법 해상편 개정조문의 해석과 입법쟁점의 재검토

Since September 2001, about 6 years, in academic circles and the world of business such as the Korea Shipowners' Association and Korea Shippers' Council and so on, with the Ministry of Justices, prepared the bill of amended Korean Commercial Act 2007, partly revised Maritime Law. Finally, 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. This Act is aimed the changing legal system for the modern business practice on the marine transportation and international trade, and settling parties interests among the shipowner, the carrier, the consignee and so on. Commercial Act 2007, partly, revised Martime Law was made up 3 chapter. The chapter 1 is the marine corporation. The scattered provisions are concentrated on the chapter 1, from 740 clauses to 790 clauses, merger and abolition of clauses. It was reflected in the criticized on inappropriate to modern marine corporation that hold a fleet of enormous vessels, and act on the face to the world. Look on the concrete contents are the following, (1) a meaning of the ship and transfer on the right of shipping ownership, (2) elimination of the denationalization clauses connected with the co-ownership of a vessel, (3) a responsibility of shipowner on the passenger damage limits an upward revision, (4) limit on the responsibility of salvager, (5) the ship mortgage. The chapter 2 is the contract of the marine carriage. Amended the main contents are the next, (1) divided between a marine carriage contract and a chartered ship contract, (2) on a carriage in a general ship contract by a raising on the limitation of carrier liability for packing and an induction of the limitation for maritime claims, a responsibility of shipowner on a voyage charterer and a time charterer, legislation on the liability of the intermodal carrier, (3) a passenger transportation marine contract, (4) a chartered ship contract are divided among the voyage charter contract, the time charter contract, the hull charter contract. (5) legislation on the shipping documents such as a Electronic Bill of Lading and a Sea Waybill, a Electronic Sea Waybill. The Chapter 3 is the marine damage. It was bound in company with the general average, the collision betweens vessels, sea-rescue work. Particularly, enact on regulation to special compensation to cost for preventing of environment pollution.