선하증권의 준거법조항과 지상약관에 대한 판례 연구

Purpose: In the case of the Supreme Court of Korea, there was a dispute over the designation of the governing law because the contents of the Governing Law and Jurisdiction and the Paramount Clause of the bill of lading conflicted with each other. Such court precedent analysis may abuse the Paramount Clause or impede the legal stability of maritime transport parties. Therefore, this study analyzed the Governing Law of the Bill of lading and its implications are presented. Composition/Logic: This paper starts with background information and presents the goals of the study in Section 1. In Section 2, we review existing theories related to bill of lading and the designation of governing law. In Section 3, we analyze the precedent and examined the designation of the applicable law in case of conflict between the governing Law and Jurisdiction of the bill of lading and the paramount clause. In Section 4, I explained the problems of the designation of the governing law in case. In the conclusions of Section 5, implications are discussed along with a summary of the main research contents. Findings: There are problems such as the occurrence of disputes concerning the designation of the governing law of the bill of lading. In order to solve this problem, it is possible to think about solutions such as creating standard paramount clause. Originality/Value: We analyzed recent court cases related to governing law of bill of lading. Through this, it was possible to prepare disputes that may arise in the practice of marine transportation contract and to search for the development direction of the system.