건조중인 선박에 관한 법률관계

Although the vessels under constructions do not satisfy the conditions that can be said vessels due to laking in skills and purposes of the navigation yet, the current commercial laws provide that the vessels under constructions could be mortgaged to raise corporation funds for the healthy development of marine enterprises. But under the current law, the regulation for the vessels under constructions is the only regulation which would be applied with necessary modifications in ship mortgages and there exist only provision in section 787 of the commercial law for the shipping mortgage. There is no regulation dealing with the concept of the vessels under constructions or the time of its registration. Therefore, this research aim to find a solution to the problem by examining theories and judicial precedents and by making a comparative study of International Convention relating to Registration of rights in respect of vessels under Constructions which are about the problems of the legal characteristics of the vessels under constructions raised questions and the problems vested with ownership, the time of settlement of mortgage and the range of effects of mortgages. There are two ways of constructing vessel. One is that a constructor build a vessels by oneself and sell the finished vessel to a buyer, the other is to be asked by an orderer. Not to mention, the latter is general nowadays. This study is also going to go over the vessels under constructions bringing the latter into question which is complicated and raise disputes sometimes. The field of maritime law is based on the international convention. But korea assume an adopting attitude about contents of convention without joining maritime conventions. In the commercial law revisions, problems above mentioned should be reflected on adopting contents of convention in the view of legislation. In this study, I would like to present legislation talks about those problem and to suggest the direction of legislation.