공동해손의 준거법 결정에 관한 연구 -한국과 중국을 중심으로-

General average is significant to make the ship and cargo of stakeholders shared equally, which are meant to avoid common danger, and dispose the captain of the ship and cargo to earn profit of. But in a vast number of cases general average involve many foreign factors in the way that result in the marine transportation with internationality. The applicable laws of the decisions in order to solve the problem of the general average that has foreign factors are extremely important. It's directly affect the interests of stakeholders. If general average arises in the event of existing stakeholders' agreements, there will follow the agreements, if no agreements, apply applicable law according to nation law. This article focuses on Korea and China's the applicable law of the general average. With reference to the applicable law of general average, Korea shall apply to law of the country of ship registry, but China shall apply to law at the place of adjustment. Furthermore, it will be confirmed to apply the law of first docked or Landing law, so review together. According to the review results, I draw a conclusion that it is reasonable to confirm the applicable law of general average for law at the place of adjustment.