引渡指示書(D/O)와 貨物先取保證狀(L/I)을 이용한 引渡에 대한 소고 - 인천항과 부산항의 慣行을 중심으로 -

The carrier has duty to deliver cargo to the consignee. In addition, the carrier should deliver the cargo with exchange of the Bill of Lading. However, Delivery Order(D/O) and Letter of Indemnity(L/I) are frequently used instead of the Bill of Lading. D/O is an order from the carrier to the Master or warehouse keeper to the effect that the cargo is allowed to deliver to the holder of D/O. D/O is not an statutory document in the Korean Commercial Code. However, the practice that the cargo is delivered with exchange of D/O exists in Korean port such as Inchon and Pusan. The fact that the warehouse keeper hands over the cargo with exchange of D/O means that the cargo is under the control of the carrier during the stay at the warehouse. The Korean Supreme Court renders that the delivery occurs when the actual custody is shifted to the consignee. Therefore, D/O affects the delivery time. L/I is a document to the effect that the issuer promises to indemnify all loss or damages which incurs to the carrier. L/I is valid between the carrier and issuer but it is null and void between the carrier and bona fide holder of the Bill of Lading. The author's introduction and analysis on D/O and L/I are based on the interviews with persons in charge of delivery at Pusan and Inchon.