육상운송인의 손해배상책임의 특별소멸사유에 대한 검토

Article 146 of the Korean Commercial Code (KCC) provides that the liability of a land carrier shall be extinguished when the consignee has received the goods without reservation and has paid the freight charges and other expenses. This statute of limitations for land carrier’s liability is unfavorable for the consignee. In order to improve the problems of the above provisions, sea and air transport regulations of KCC is reviewed. CMR, Hague Visby Rules, Hamburg Rules, Rotterdam Rules, and Montreal Convention 1999 is also examined. The amendments of KCC (land transport and multimodal transport regulations) have been submitted to the National Assembly in 2014. The revision of article 146 was reference to the position of article 804 of sea transport regulations and Hague Visby Rules, which are prescribed only for loss or damage. In this regard, the author proposes to amend article 146 of KCC, refer to CMR and Rotterdam Rules : (i) If the consignee takes delivery of the goods without sending the carrier reservations giving a general indication of the loss or damage, it is presumed that the cargo has been delivered to a consignee without loss or damage. (ii) No compensation shall be payable for delay in delivery unless a reservation has been sent to the carrier.