도선계약의 본질에 관한 연구 - 부산고등법원 2024. 6. 13. 선고 2023나51376 판결을 참고하여 -

The main topic discussed in the pilotage relationship is who will bear what responsibility and how for damages caused to a third party due to the pilot's negligence. By the way, in order to discuss the legal responsibility and limitations of the pilot, it is necessary to study the true nature of the pilotage contract as a prerequisite. This is because depending on how the true nature of the pilotage contract is viewed, the role of the pilot as a party in the pilotage contract and the development of legal theories regarding the attribution and distribution of responsibility for damages caused by the pilot's negligence may differ. The study on the true nature of pilotage contract examines the status of pilots with respect to shipowners and, taking this status into account, examines whether pilotage contract can be interpreted as belonging to one of the fifteen typical contracts stipulated in our civil law. For this purpose, it may be a useful research method to compare the pilotage contract with the attorney's appointment contract and the doctor's medical contract, which have the same or similar characteristics as the pilotage contract. The pilotage contract has many elements in common with a lawyer's appointment contract or a doctor's medical contract. The prevailing view is that contracts between lawyers and clients, doctors and patients are delegation contracts. Therefore, it is reasonable to interpret that pilotage contract with a similar nature is also a delegation contract.