한－중 해상여객운송약관상 여객의 사상 관한 실질법적 개정안 연구

Last April 16 marked the sixth anniversary of the M.V. Sewol's disaster. In the meantime, legal supplements of ships and ships' safe operation of the car riage of passengers by sea have been made more than ever in Korea. Unfortunately, however, there have been in few study on the contract of car riage of passengers by sea, which set actual liabilities and obligations between a carrier and a passenger in the marine passenger transportation. Therefore, it would be academically and practically meaningful to review the contract of a carriage of passengers used by international carriers for a carriage of passengers by sea. In Korea, there are international shipping companies for carrying passengers, operating between Korea and China, Korea and Japan, Korea and Russia (or Korea-Russia-Japan). Among them, terms and conditions of the carriage of pas sengers by sea between Korea and China, which regularly have the largest number of ships was reviewed. I visited the web sites of 14 shipping compa nies for carrying passengers and have checked seven terms and conditions. Five items (Burden of proof, Scope of loss and damage, The amount of the li ability, Time-bar, Jurisdiction and Governing law) related to passengers' claims were selected. The amendments to the current terms and conditions were pro posed after comparing them with the items in the terms & conditions and by making issues through substantive laws applied by the two countries. In addition, the amendment was mentioned, pointing to legislative flaws in the wrong application of Article 799 paragraph 1 to the carriage of passengers by sea under the Commercial Act.