상법상 공동해손 성립요건의 법적 쟁점- 2018년 일본 개정상법과의 비교를 중심으로 -

General average is a concept that applies both to certain types of losses incurred in a maritime venture and to the unique legal consequences that result. Korean Commercial Code Article 865 says that the damage and expenses which have arisen from the disposal of a ship or the cargo by a shipmaster in order to escape common peril of a ship and the cargo shall constitute the general average. Meanwhile, Japanese Commercial Code (Act No. 48 of 1899) was amended and promulgated on May 25, 2018. (Act No. 29 of 2018). The amendment, especially, streamlines provisions concerning the requirement of general average. Article 808 (1) of the amendment says that any damage and costs which arise from any disposition of the ship or the shipped goods or other goods which are in the ship performed for the purpose of ensuring that the ship or the shipped goods are immune from any common risk shall constitute a general average. This paper analyzes some issues as to requirements of general average in Korean Commercial Code by comparing the regulations of general average in Japan’s revised Commercial Code of 2018. This paper, also, offers some implications and suggestions for requirements of general average under Korean Commercial Code.