예선계약의 법적 성질과 대외적 책임관계

Towage services are always rendered under a contract concluded between a tug and tow for specific services or purpose, at fixed price. Like any other contracts, towage is governed by basic principles of contract law. Towage is the service provided, usually, by specialist tugs, generally to assist the propulsion, or to expedite the movement, of another vessel (the tow) that is not in danger, needing salvage. Tugs can range ocean-going ships to coastal or harbour tugs that are designed which special equipment to push or pull the tow. The purpose of this article is to examine the basic principles relating to risks and liabilities undertaken in the operation of tug and tow under towage contracts governed by Korean Law. Particular attention is given to areas where the law seems to be unsettled under the Korean Maritime Law. There are two aspects concerning towage: first contractual relationship between the tug and tow, as provided for in the contract or statutory implied terms, and, second, their respective relationship with third parties, who are not bound by the contract, but liability of either the tug or the tow towards third parties may arise in tort or under statutory provisions. The contract regulates such liability as between the tow and the tug, by the third parties are not concerned with any arrangements made between tug and tow in the towage contract. With the evolution of the standard form contracts, the relationship between the parties primarily governed by the terms and conditions contained in those contracts. Standard form contracts are: the BIMCO forms designed for international ocean towage (TOWCON and TOWHIRE 1985), new forms of 2008, which resemble voyage and time charters.