중복적 책임제한절차의 법률관계

The system of shipowner’s limitation of liability has been recognized as a reasonable method on a global basis and thus has been implemented for a long period of time. However, recently there were two (2) collision cases wherein duplicated limitation funds have to be considered in Japan/Korea and China/Korea, respectively, for each collision matter. In The Hercog Novi [1998] the English Court of Appeals has recognized the limitation proceedings that have been commenced in Singapore which was then a signatory to the 1957 Limitation Convention based on the principle of forum non conveniens and rejected the action commenced in England. However, because, while Japan has ratified the 1996 Protocol, China and Korea are not signatories to any limitation convention, duplicate limitation funds were unavoidable in the foregoing two collision matters. The issue of duplicate limitation funds can be raised even between the contracting states because each state may have ratified different kind of limitation convention and the principle of forum non convenience is not so well received in the Civil Law countries. This study is aiming to provide a reasonable way of construction of law whenever duplicated limitation funds are established which appear to be unavoidable under the currently prevailing limitation regime.