외국선박집행제도의 문제점 및 개선방안 - 외국선박강제집행을 중심으로 -

This paper deals with the analysis of the problems of the ship enforcement of maritime claims and proposes some legal remedy of the ship enforcement abroad. when Judicial Sales is conducted in a foreign country, the effect occurs differently because substantive rights are followed by the law of flag state and procedural issues are followed by lex fori in case of Judicial Sales on foreign ships, but substantive or procedural law differs from country to county. For solving these problems, 'A Draft International Convention on Recognition of Foreign Judicial Sales of Ships' is proposed in Beijing, China, 2012. This draft convention regulates the notices of Judicial Sale, recognition of a judicial sale and the effect of a judicial sale in case of foreign judicial sales of ship. This paper suggests an acceptance of Beijing Draft that CMI is now working to adopt the Convention in IMO and domestic legislation. In Judicial sales of foreign ships, notices of judicial sale have been provided prior to such judicial sale by the competent Authority to i) the authority in charge of the ship's register in the State of Registration, ii) all holders of maritime liens, iii) the owner of the ship. and the court of each State Party on the application of a purchaser shall recognize a judicial sale conducted in any other State Party with a certificate issued. I hope that some problems will be solved according to this Beijing Draft and domestic legislation with respect to judicial Sale of ship as soon as possible because ship enforcement occurs frequently due to global slowdown.