복합운송에 관한 입법논의와 외국입법의 검토

Recently, the Ministry of Justice formed the Special Committee for Commercial Code Amendment to prescribe the multimodal transport provision into the General Section of Commercial Activities, but deferred to legislate. Prior to this attempt, the Maritime Law was amended on August 2007 and will become effective as from August 2008. This amended Maritime Law inserted one provision on the combined transport which will be affected on the transportation via sea. However, it is limited in that it covers only situations typical kind of carriage by sea, and a general rule on multimodal transport is not worked out while the transportation is carried by rail or air. Therefore, the Special Committee for Commercial Code Amendment to prescribe a uniform general provision for the multimodal transport. Though legislative efforts in the field of multimodal transport have been attempted on an international basis but failed, the multimodal transport problems have been solved by general clause. There are few nations, such as German and China, that have general provisions on multimodal transport to remedy this difficult legal situation. In this situation, the Ministry of Justice tried to provide a multimodal transport provision through examining foreign regimes. Because Korean government is promoting the center of international distribution hub and plays a significant role international transportation, some provisions related to the multimodal transport are required. However, it is determined to be prescribed after inspecting the development of amended provision of Maritime Law and elaborate study. Among other things, problem is that the cargo liability system has exposed the parties to a huge range of laws and international treaties governing operators' rights and liabilities with respect to damage or loss occurring, while the damage or loss goods are in the custody of inland carriers, terminal operators, and other cargo handler. It cannot be found a solution. That is definite reason to be studied closely for more efficient legislation of multimodal transport.