송하인의 허위신고에 따른 운송인의 수하인에 대한 책임에 관한 연구 -Maersk Klaipeda호 사건을 중심으로-

An unknown clause is a clause in marine transport that exempts the carrier from liability by including the phrase "unknown clause" in the contract when the carrier cannot accurately confirm the contents, quantity, weight, etc. of the cargo. A non-conformity clause states that the type, contents, and quantity of cargo loaded in the container have been confirmed by the consignor. Since the shipping company cannot individually verify the contents of the cargo, it assumes no liability for damages resulting from the consignor’s incorrect confirmation of the contents. Therefore, if a problem arises with the contents during transport, the shipping company is not responsible, and this becomes a matter for both the exporter and importer to solve. In other words, in the Maersk Klaipeda, there was a significant discrepancy between the VGMs and the shipper declared weights with many of the shipper declared weights being only 30% or 40% of the VGMs. The case, as advanced at court, was that there was a duty of care obliging the carrier to cross-check the VGM and shippers’ declared weights and not to issue an clean bill of lading where the discrepancy is significant. This case is a reminder that the shipping industry is a complex one with shared responsibilities. While carriers play a crucial role in the process, they are not expected to be the sole guardians against misdeclaration. Parties need to be vigilant and proactive in protecting their interest.