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학술논문상사법연구2015.12 발행KCI 피인용 7

2014년 운송 관련 상법 개정안의 주요 내용과 과제

Main Content and Issues of 2014 Commercial Law Related to transport

황현영(국회입법조사처)

34권 3호, 213~251쪽

초록

Recently, in response to the changing economic and transport environments, commercial law and relevant transport regulations have undergone revisions. In 2007, a major amendment to sea transport law was made, and in 2010, some provisions related to land transport were modified. In 2011, a new chapter regulating air carriage was inserted into commercial law, followed in 2014 by another amendment which increased the liability limit of air carriers. To address the rapidly changing transport-logistics environment, the Ministry of Justice has submitted a bill to amend rules related to land transport, insert provisions regarding multimodal transport and again raise the liability limits of sea and air carriers. The bill is before the 19th National Assembly for approval. This study explains the content and legislative intent of transport-related bills submitted to the 19th National Assembly, covering land, multimodal, sea and air transport. Problems and issues raised in the field after the release of legislation are discussed, along with the relevant provisions. Finally, measures to improve these bills are suggested: 1) ensure the effectiveness of the obligatory issuance of multimodal transport documents; 2) review the consistency of the provisions applied to different modes of transports; and 3) strengthen electronic transport documents.

Abstract

Recently, in response to the changing economic and transport environments, commercial law and relevant transport regulations have undergone revisions. In 2007, a major amendment to sea transport law was made, and in 2010, some provisions related to land transport were modified. In 2011, a new chapter regulating air carriage was inserted into commercial law, followed in 2014 by another amendment which increased the liability limit of air carriers. To address the rapidly changing transport-logistics environment, the Ministry of Justice has submitted a bill to amend rules related to land transport, insert provisions regarding multimodal transport and again raise the liability limits of sea and air carriers. The bill is before the 19th National Assembly for approval. This study explains the content and legislative intent of transport-related bills submitted to the 19th National Assembly, covering land, multimodal, sea and air transport. Problems and issues raised in the field after the release of legislation are discussed, along with the relevant provisions. Finally, measures to improve these bills are suggested: 1) ensure the effectiveness of the obligatory issuance of multimodal transport documents; 2) review the consistency of the provisions applied to different modes of transports; and 3) strengthen electronic transport documents.

발행기관:
한국상사법학회
분류:
법학

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2014년 운송 관련 상법 개정안의 주요 내용과 과제 | 상사법연구 2015 | AskLaw | 애스크로 AI