상법상 복합운송 관련 규정의 적절성 평가

The main purpose of this study is to investigate the multimodal transport provisions in current Korean Commercial Law and to give proper suggestions if necessary. Generally law relating to carriage provides the definition of carriage contract, liability of carrier and limitation of carrier’s liability, Himalaya clause, transport documents and etc. And Korean Commercial Law has network liability system about multimodal transport operator’s liability. In order to satisfy this legal system, it is very important to be arranged well individual transport law system. But there are few provisions relating to carrier’s liability in land transport law unlike sea and air transport law. So it is very urgent to provide related provisions about land transport. For example, limitation system of land carrier’s liability and amount of compensation for damage, Himalaya clause and etc. And regulations regarding multimodal transport documents are to be introduced. But when discussing the introduction of MTD, it must be considered the negotiability of MTD. If multimodal transport contract contain air transport section, the MTD can not have negotiability. So careful consideration would be necessary about the introduction of MTD’s negotiability. Finally when introducing the provisions about multimodal transport in commercial law, provisions applicable mutatis mutandis can used in many field. So a few provisions can regulate the various multimodal transport phenomenon. Because commercial law has plentiful regulations about sea/air and land transport law separately.