2018년 일본 개정상법의 쟁점 검토 - 육상물건운송을 중심으로 -

The Commercial Code of Japan (Act No. 48 of 1899) was amended and promulgated on May 25, 2018 as Act No. 29 of 2018. The main points of the amendment include the addition of new provisions regarding air transportation and multimodal transportation - a transportation contract including two or more means of transportation (road, rail, or air). Apart from it, the Commercial Code was greatly amended in the following respects. The former provisions of carriage of goods or passengers by land in the Code were applicable to transport on land and inland waters (lakes, rivers and port). Under the new Code, however, maritime carriage provisions are applicable to inland waters. In the new Code, the provision regarding the shipperˈs obligation to inform the carrier of the necessary information of the goods which have dangerous characteristics such as being inflammable or explosive in nature, the dangerousness, the product name of cargo, nature and required handling instruction, has been added. Under the new Code, after the goods arrive at the place of destination or the goods are totally lost, the consignee shall have the same right as of the shipper raised by the contract of carriage. The shipper shall not be able to exercise their rights when the goods arrive at the place of destination or goods are totally lost and the consignee claims for the delivery or for damages. With regard to the provision of cash, negotiable instruments of value or other expensive goods, article 577 (2) of the new Code has been newly added that such discharge of the carrierˈs liability shall not apply in case the carrier is aware at the time of conclusion of a contract that the goods is of high value and in case the loss, damage or delay occurred intentionally or by gross negligence of the carrier. Meanwhile, concerning the carrierˈs liability for loss of, damage to, or delay in delivery of cargoes in case of the multimodal transport, which consists at least two kinds of mode among land transport, sea transport and air transport, in case the stage where loss or damage occurred is determined, any Japanese law or convention ratified by Japan would apply to that stage if the contracting parties had made a separate and direct contract concerning the stage. This paper reviews and analyzes some issues as to carriage of goods by land in Japanˈs new Commercial Code of 2018 by examining theories, international conventions and practical point of views. Also, it presents related issues and further reforms in the Korean Commercial Code.