복합운송법의 제정 방향 (Several Issues in Enactment of an Act on the Multimodal Transportation)

서지정보

· 발행기관 : 한국상사법학회
· 수록지 정보 : 상사법연구 / 29권 / 1호 / 9 ~ 38페이지
· 저자명 : 최준선

초록

The ministry of Justice of the Republic of Korea is going to enact an Act on the Multimodal Transportation in the near future. This writer discusses several issues that the legislators should bear in mind when they make draft. The utmost important issue is the liability regime of the carriers in multimodal transportation. This writer recommend to choose network liability system. The draft should include definition of the multimodal transportation.
The international multimodal transport means the carriage of goods by at least two different modes of transport on the basis of a multimodal transport contract from a place in one country at which the goods are taken in charge by the multimodal transport operator to a place designated for delivery situated in a different country. Further, draft should include the scope of application, mandatory application and documentation. Especially,under the chapter of documentation several issues included such as “issue of multimodal transport document”, “negotiable or non-negotiable multimodal transport document”, “contents of the multimodal transport document”,“evidentiary effect of the multimodal transport document”, etc.
Under the chapter of liability of the multimodal transport operator many important issues should be provided such as “period of responsibility”,“liability of the multimodal transport operator for his servants, agents and other persons”, “basis of liability”, “limitation of liability”, “localized or unlocalized damage”, “non-contractual liability”, “loss of the right to limit liability”, “notice of loss, damage or delay” and “limitation of actions.”This writer believes that the enactment of an Act on the Multimodal Transportation will support strongly the enhancement of the logistics industry in Korea.

영어초록

The ministry of Justice of the Republic of Korea is going to enact an Act on the Multimodal Transportation in the near future. This writer discusses several issues that the legislators should bear in mind when they make draft. The utmost important issue is the liability regime of the carriers in multimodal transportation. This writer recommend to choose network liability system. The draft should include definition of the multimodal transportation.
The international multimodal transport means the carriage of goods by at least two different modes of transport on the basis of a multimodal transport contract from a place in one country at which the goods are taken in charge by the multimodal transport operator to a place designated for delivery situated in a different country. Further, draft should include the scope of application, mandatory application and documentation. Especially,under the chapter of documentation several issues included such as “issue of multimodal transport document”, “negotiable or non-negotiable multimodal transport document”, “contents of the multimodal transport document”,“evidentiary effect of the multimodal transport document”, etc.
Under the chapter of liability of the multimodal transport operator many important issues should be provided such as “period of responsibility”,“liability of the multimodal transport operator for his servants, agents and other persons”, “basis of liability”, “limitation of liability”, “localized or unlocalized damage”, “non-contractual liability”, “loss of the right to limit liability”, “notice of loss, damage or delay” and “limitation of actions.”This writer believes that the enactment of an Act on the Multimodal Transportation will support strongly the enhancement of the logistics industry in Korea.

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