복합운송규정의 입법상 주요 쟁점 - 복합운송인의 책임관계를 중심으로 -

It is said that there came 'the era of the multimodal transportation' as a through transport system from door to door by a container. The mode of multimodal transport system has become dominant in our distribution industry. However, it is regrettable that the rules for a multimodal transportation are not organized and systematic in Korean legal system. For example, the regulation of multimodal transport which is based on FIATA B/L(or KIFFA B/L) as a multimodal transport document may not be considered stable or complete because some of the terms of FIATA B/L(or KIFFA B/L) may be found to be in contravention of the mandatory domestic laws or international conventions by local courts. On the August 3, 2007, the Ministry of Justice amended just one article in the Korean Commercial Code, which made a multimodal transport operator included in the Maritime Law section as the Korean Commercial Code Book Ⅴ. (The writer thinks it is a meaningful legal event as first step for legislation of multimodal transportation.)Unfortunately, it was insufficient to deal with the legal issues involving a multimodal transportation. These points have also been big issues in business and academic sectors,such as KIFFA and Korea Maritime Law Association for a long time. Therefore, it is a good news that the Ministry of Justice is recently working to amend an Act on the Multimodal Transportation. In the legislation of the multimodal transportation, a significant legal issue is how to provide legislative model, legal concept related to multimodal transportation and liability of multimodal transport operator. This article herein explains these points, especially, the concepts for multimodal transportation and the contract of the multimodal transportation in the legal part, and then deals with the liability regime and limitation of liability of the multimodal transport operator under the 'network liability system' or 'modified network liability system'. The writer expects that it is legislated as soon as possible because this bill will be contributed to make the multimodal transport industry stable and developed.