반환된 선하증권의 법적 성질과 선박대리점의 법적 지위에 대한 고찰 - 대법원 2019. 4. 11. 선고 2016다276719 판결의 평석을 중심으로 -

‘Surrender Bill of Lading’, which began to be used in maritime transportation practices in Far-east Asia, including Korea, is a measure to solve problems such as delays in delivery of goods caused by the rapid speed of ships arriving at their destinations before shipping documents. However, the type of surrender bill of lading, the relevant legal principles, etc. remain unclear, and legal disputes related to surrender bill of lading are still occurring. Academia in Korea broadly explains the types of surrender bills of lading: ① the case where the original bill of lading was issued, and ② the case where the original bill of lading was not issued. However, in either case, the surrender bill of lading cannot be regarded as a formal bill of lading, and legally, the bill of lading has not been issued. In the case of a surrender bill of lading, this is the same as if the bill of lading has not been issued, so the claimant for delivery of the goods is the legitimate consignee. Therefore, the carrier must determine who is the legitimate consignee in delivering the goods with a due diligence. On the other hand, the shipping agent, which is an assistant in the fulfillment of the carrier's obligation to deliver the goods, is obligated to handle the entrusted tasks according to the contract with the carrier. If the shipping agent causes damage to a third party due to its own negligence, it shall bear the liability for compensation. However, if the shipping has delivered the goods in the most reasonable manner under the contract, it shall not be liable for damages, even if the damage has occurred to the third party.