한진해운 파산 1년, 해운법제의 개선과제

It has been about one year since Hanjin Shipping crisis occurred. There were diverse problems in a set of processes related to the bankruptcy of Hanjin Shipping Co., Ltd. Owing to the seizure of Hanjin Shipping’ ships and the delay of transport according to such seizure, the disturbance of logistics was caused. In addition, exporting companies also suffered from large damages due to the delay of delivery and the soar of freight charges. Even now, about 150 lawsuits related to Hanjin Shipping are filed. Although the government announced countermeasures against this accident, their effectiveness can not yet be confirmed. In consideration of the above situations, this study examined several problems to be improved in the legislative system of our marine transportation. First, in relation to BBCHP ships, it is necessary to improve compulsory execution in the time of insolvency and the registration of BBCHP ships. Second, although the roles of freight forwarders are diverse in shipping logistics in the contemporary period to combine with the role of carriers, our laws definitely differentiates and divides the liabilities between carriers and freight forwarders, so that it is necessary to improve clear criteria for differentiation between both liabilities or reasonable division. Third, in relation to carriers’ liability for the delay of shipping, it is necessary to calculate the liability for damage according to international standards. Fourth, in maritime lien, it is necessary to establish time charterers’ debt burden relations, modify overtaking rights, and revise the order of seafarers’ wage claims. Fifth, because recently formed shipping conference between domestic shipping companies is likely to violate the Antitrust Law, it is necessary to devise countermeasures for preventing this violation. Sixth, because deviation as marine insurance exemption causes overprotects insurers, it is necessary to improve this overprotection.