2자 물류회사의 법적 지위와 개선방안

In the export of commodity, geographical shift from the doors of the exporter to those of the importer is required. During the period of the shift, quarantine service, stevedoring, warehousing, packaging as well as maritime transportation should be provided. The merchant which provides the above service together is called as logistics company. The commodity owners started to operate their own subsidiary logistics company, which is called as the second party logistics company. The commodity owners enters into contract for the logistics service with their subsidiary as the second party logistics company. Because it does not own or operate vessel for maritime transportation, it enters into another contract for the carriage by sea with the ocean carrier, which becomes an actual carrier. The author tried to define the legal nature of the second party logistics company. It undertakes to carry out several functions together such as carriage of goods by sea, warehousing, freight forwarding etc. It is a kind of contracting carrier in relation to the commodity owner and a kind of the shipper in relation to the actual carrier. The legal relation involved in the carriage by sea is regulated by the maritime law chapter (Book V) of the Korean Commercial Act(KCC). Legal matter involved in the warehousing can be governed by the warehousing section of the KCC. Even though the second party logistics company is regarded as a kind of carrier under the KCC, it is not regulated by the Korean Shipping Act. The author suggested that it should be regarded as a carrier just like NVOCC(Non Vessel Operating Common Carrier) under the US Shipping Act. Through such inclusion, the second party logistics company can be supported by the protecting provisions under the Korean Shipping Act and it may help the Korean actual carriers by entering into contract for more commodities than before with them. Such inclusion will make the scope of the korean maritime carrier expanded .