운송인과 복합운송인의 책임에 대한 우리 상법과 국제협약상의 비교 및 개선방법

Today’s International freight transportation services have become an important issue for whom to transport cargo to consignee faster and safer through multimodal transportation in which carriers of each stages cooperate. In the areas of Maritime and Air transportation, Korea applies domestic law (Korean Commercial Code) that most closely resembles the Hague-Visby Convention and Montreal Convention. In this paper, I research not only Korean Commercial Code but also 2019 revised Japanese Maritime Law and International Conventions. Especially, we review the principles of responsibility, the limitation of liability, comparative study of compensation for delays, reduction of liability for carrier, statute of limitation, application of Himalaya Clause, Article 816 of Korean Commercial Code which is Responsibility of consolidated Carriers, and seek to find the improvement methods for each carrier’s responsibility systems. Regarding the liability of multimodal transport operator, Article 816 of the Commercial Code is only one relevant article in Korea. However, since the said article’s primary concern is with maritime transportation, it is inappropriate to govern for all the legal matters and cases as to land, maritime and air transportation. As such, the legislation needs on multimodal transportation is inevitable. I suggest that legislation should stipulate at least the definition and limitation of liability system on multimodal transportation.