2016년 중요 해상판례소개

In the KSC 2016.9.28. Docket No. 016da213237, the Korean Supreme Court admitted the effect of the back side of the B/L when it had been issued in advance and surrendered at the late stage. In the KSC 2016.5.12. Docket No. 2015da 49811, where the Liberia law was applicable, the court decided that tug operators should examine whether debtor was allowed to invoke the maritime lien under the charter party. In the case, the tug operator was not allowed to invoke the maritime lien because it did not discharge such obligation. In the KSC 2016.6.23. Docket No. 2015da 5194, the duty to explain under the Korean law was imposed upon the cargo insurer in a case with English governing law clause. In the KSC case 2016.5.27. Docket No. 2014da67614, joint and several liability was admitted between a stevedore company and a Port Authority. In the KSC case 2016.10.27.Docket No. 2016du42081, valves for the main engine was not admitted as a spare part for the purpose of custom duties. In a Changwon District court 2016.10.17. Docket No. 2016tagi227, the court decided that a Hanjin vessel under BBCHP was not owned by the Hanjin and thus the arrest based on the maritime lien was allowed. The Tax Tribunal case 2015.12.24. Docket No. 2015ja0873, the floating dock was regarded not as a ship but as a industrial construction structure so that the shipyard could save local tax.