외국선박 집행의 준거법에 관한 고찰

More than 90% of international shipping is done by sea, shipping is the most important means of international maritime transport. Korea’s shipping industry is so strong to such an extent as to be the world's No. 5 based on the fleet, No. 1 based on the shipbuilding around the world, and Korea is the trade-intensive country, so in the Korean port, foreign ship traffic’s movement is very frequent. The ship enforcement procedures for acquisition and execution of various debt in connection with various shipping accidents occurred and ship navigation is vigorous. The ship enforcement is a enforcement against the debtor's own shipping to obtain the creditor’s satisfaction for cash bond. The ship enforcement is usually conducted by a ship hold bonds, a ship forced sale or by a auction based on the ship mortgages, a ship first privileges, a ship lien.. The methods of enforcement of vessels are various depending on the national legislations, in particular, if the subject of execution is foreign vessels, the problem of international private law including international jurisdiction and applicable law will arise. This article deals with the international jurisdiction of the foreign ship arrest and the applicable law to ship mortgage bonds, marine first privilege, shipping lien and the enforcement procedures of the arrest foreign ships. And lastly it reviews the validity of the law of the country of ship registry.