• Journal of Korea Port Economic Association
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• v.22 no.3
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• pp.23-41
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• 2006

The objective of this study is to discuss damage to cargo caused by shipper's Liability. an analysis of the excepted perils of the carriers and the scope of marine insurance coverage reveals that the excepted perils of the carrier are covered by the most part by marine insurance. however damage to cargo caused by shipper's fault remains uncovered. Damage to cargo by insufficient packing is caused by the cargo owner's error or negligence, thus both the underwriter and the marine carrier are exmpted from responsibility. but a problem aries from the fact that there is no objective standard for full packaging. In order to solve these problems, it is required to specify the method of packaging for certain goods when making an individual agreement, so that the owner can be exmpted from responsibility for packaging conformed to the pertinent article.

• The Korean Journal of Air & Space Law and Policy
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• v.31 no.1
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• pp.3-36
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• 2016

Recently, the Supreme Court of Korea delivered a milestone judgment about air related multimodal transport. At there, the mattered cargo, some expensive jewellery, was transported from Qingdao, China to downtown office of consignee at Seoul via Incheon airport in Korea. As an air waybill was issued in this case, there was an air transport agreement between consignor and air courier operator. After arriving at Incheon airport, the shipment was transport by land arranged by the air courier operator, who was a defendant in this case. Upon arriving at the final destination, it was found that the jewellery was lost partly and based on circumstantial evidence, the damage presumed to be occurred during the land transport. As a subrogee, the insurance company who paid for consignee filed an action against the air courier operator for damage compensation. Defendant contended that Montreal convention should be applicable in this case mainly for limited liability. The lower court of this case confirmed that applying the limited liability clause under Montreal Convention is improper under the reason that the damage in this case was or presumed to be occurred during surface transport. It was focused on the Montreal Convention article 18 which says that the period of the carriage by air does not extend to any carriage by land, by sea or by inland waterway performed outside an airport. However, the Supreme Court overturned the lower court's decision. The delivered opinion is that the terms of condition on the air waybill including limited liability clause should be prevailed in this case. It seems that the final judgment was considered the fact that the only contract made in this case was about air transport. This article is for analysis the above decisions from the perspective that it is distinguishable between a pure multimodal transport and an expanded air transport. The main idea of this article is that under the expanded air transport, any carriage by land, sea or inland waterway only for the performance of a contract for carriage by air, for the purpose of loading, delivery or transhipment is still within the scop of air transport.

• The Korean Journal of Air & Space Law and Policy
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• v.21 no.2
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• pp.71-96
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• 2006

This paper intends to describe the carrier's duty for the delivery of international air cargo and the carrier's liability for the illegal delivery of cargo under the Montreal Convention, lATA Conditions of Carriage for Cargo and judicial precedents. Under the Article 13 of Montreal Convention, the consignee is entitled, on arrival of the cargo at the place of destination, to require the carrier to deliver the cargo to it, on payment of the charge due and on complying with the conditions of carriage. And unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as soon as the cargo arrives. Under the Article 18 of Montreal Convention, the carrier is liable for damage sustained in the event of the destruction or less of or damage to, cargo upon condition only that the event which caused the damage so sustained took place during the carriage by air. And the carriage by air comprises by the period during which the cargo is in the carriage of the carrier. Under the Article 11 of lATA Conditions of Carriage for Cargo, carrier is liable to shipper, consignee of any other person for damage sustained in the event of destruction of loss of, or damage to, or delay in the carriage of cargo only if the occurrence which caused to the damage so sustained took place during the carriage as defined under Article 1. According to the precedent of Korean Supreme Court sentenced on 22 July 2004, the freight forwarder as carrier was not liable for the illegal delivery of cargo to the notify party (actual importer) on the airway bill by the bonded warehouse operator because the freight forwarder did not designate the bonded warehouse and did not hold the position of employer to the bonded warehouse operator. In conclusion, the carrier or freight forwarder should pay always attention the movement and condition of the cargo not to be liable for the illegal delivery of cargo.

• 복합운송
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• s.131
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• pp.12-13
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• 2001

• The Korean Journal of Air & Space Law and Policy
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• v.2
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• pp.189-209
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• 1990

• Korea Trade Review
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• v.48 no.2
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• pp.217-243
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• 2023

This study revealed practical implications by analyzing the clauses and disputable issues of the Korea Service Contract. Korea introduced Servcie Contract in the container part since Hanjin Shipping's bankrupcy and distributed the standard form(2019). After that, the standard form was revised during the supply chain crisis(2022). In the standard form, there are clause that require agreement due to conflicting interests of shipper and carrier. Therefore, the main clauses of the standard form were analyzed to derive the practical meaning to the both parties. In addition, in the process of introducing the standard form, the most disputable issues, liquidated damages and minimum quality commitment, were deeply analyzed to explain how shipper and carriers' benefit and loss differ as the clause changes. In conclusion, both parties must set LD at a very reasonable level so that they do not proceed separately with penalty. In addition, 'evenly' is a much more important than quantity for carrier in the establishment of MQC, so extra box option for shipper even during the peak season is needed to accommodate with service contract.

• Journal of Navigation and Port Research
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• v.35 no.6
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• pp.523-531
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• 2011

The recent increase in international car-ferry lines between Korea and Japan as well as China brings needs for proper transportations of special cargo, such as machinery and luxury yacht, etc. International multimodal transport, especially international car ferry through truck-sea-truck system enables to fulfill shippers' needs for "Door to Door Service", of such special goods. However, this international multimodal transport of bulk cargo will cause a possible claim for concealed damages during such transportation. For this reason, this study aims to examine the liability system of the multimodal transport operator as well as to investigate liability for concealed damages theoretically and finally to seek proper measures for them. Futhermore, this paper intends to verify the claims for concealed damages to further the international multimodal transport by car ferries between Korea and Japan.

• International Commerce and Information Review
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• v.15 no.2
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• pp.285-313
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• 2013

By the revision of the Commercial Code of Korea in 1991 and 2007, some provisions for the regulation of Time Charterparty have been introduced into our own maritime law system. But, those provisions are in their nature mainly the reproduction of the provisions prescribed in the standard forms of time charterparty which are widely used, such as BALTIME Charter and NYPE Form, and the subject matters of their regulation are restrictive, so that the applicability of the provisions is not desirable. The cargo is lost or damaged, the cargo owner should seek compensation form, or sue, the carrier as, traditionally, under the COGSA, the cargo carrier is responsible for loss of damage of cargo. However, it is difficult to determine who is the responsible carrier under charters. There is no test to determine the carrier, but the courts in every country generally consider the bill of lading. Although the master has general authority to sign bills of lading on behalf of the shipowner, he can also sign bills of lading for, and on behalf of, the charterer. In this case, the charter is considered the carrier. Furthermore, the charterer is authorized to contract with third parties on behalf of the shipowner and, as such, the responsible carrier is the shipowner. Therefore, when determining the carrier we should examine carefully the all factors and the circumstances surrounding the case. Also, negligence of a captain of a time-chartered ship causing damages to a third party. It will analyze the legal character of a time-charter contract, review judicial precedents on time-charter. The Inter-Club Agreement was drawn up and is intended to be a somewhat easier way of allocating liability for cargo claims between owners and charterers and, although there is still scope for disputes to arise, the Inter-Club Agreement does in fact to some extent make the allocation of liabilities for cargo claims easier. Finally, it will also make legislative suggestions to resolve complex issues involving maritime transportation contracts under the current Commercial Code.

• Journal of Navigation and Port Research
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• v.35 no.5
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• pp.455-462
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• 2011

The accident in the Fukushima nuclear plant caused by the Great East Japan Earthquake on March 11, 2011 is raising voices concerning over radioactive contamination losses. In particular, radioactive contamination losses threaten the safe navigation of vessels, and may impair seafarers' safety and impede the healthy growth of world economy through marine transportation. In case vessels or cargos suffer radioactive contamination losses, it will take a high cost to remove the radioactive contaminants, and in worse cases the contaminated vessels or cargos may have to be abandoned. Furthermore, if seamen are exposed to radioactivity, their treatment can be raised as a crucial issue. Nevertheless, it has not been reviewed clearly by what method and on what ground such losses should be covered in case radioactive contamination losses take place. Thus, this study purposed to review coverage for radioactive contamination losses in marine insurance as an ex post preparation for damages caused by radioactive contamination.

• The Korean Journal of Air & Space Law and Policy
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• v.23 no.2
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• pp.67-92
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• 2008

The purpose of this paper is to research the requirements and effect of the document of carriage in respect of the carriage of cargo by air under the Montreal Convention of 1999, IATA Conditions of Carriage for Cargo, and the judicial precedents of Korea and foreign countries. Under the Article 4 of Montreal Convention, in respect of the carriage of cargo, an air waybill shall be delivered. If any other means which preserves a record of the carriage are used, the carrier shall, if so requested by the consignor, deliver to the consignor a cargo receipt. Under the Article 7 of Montreal convention, the air waybill shall be made out by the consignor. If, at the request of the consignor, the carrier makes it out, the carrier shall be deemed to have done so on behalf of the consignor. The air waybill shall be made out in three original parts. The first part shall be marked "for the carrier", and shall be signed by the consignor. The second part shall be marked "for the consignee", and shall be signed by the consignor and by the carrier. The third part shall be signed by the carrier who shall hand it to the consignor after the goods have been accepted. Under the Article 5 of Montreal Convention, the air waybill or the cargo receipt shall include (a) an indication of the places of departure and destination, (b) an indication of at least one agreed stopping place, (c) an indication of the weight of the consignment. Under the Article 10 of Montreal Convention, the consignor shall indemnify the carrier against all damages suffered by the carrier or any other person to whom the carrier is liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and statement furnished by the consignor or on its behalf. Under the Article 9 of Montreal Convention, non-compliance with the Article 4 to 8 of Montreal Convention shall not affect the existence of the validity of the contract, which shall be subject to the rules of Montreal Convention including those relating to limitation of liability. The air waybill is not a document of title or negotiable instrument. Under the Article 11 of Montreal Convention, the air waybill or cargo receipt is prima facie evidence of the conclusion of the contract, of the acceptance of the cargo and of the conditions of carriage. Under the Article 12 of Montreal Convention, if the carrier carries out the instructions of the consignor for the disposition of the cargo without requiring the production of the part of the air waybill or the cargo receipt, the carrier will be liable, for any damage which may be accused thereby to any person who is lawfully in possession of that part of the air waybill or the cargo receipt. According to the precedent of Korea Supreme Court sentenced on 22 July 2004, the freight forwarder as carrier was not liable for the illegal delivery of cargo to the notify party (actual importer) on the air waybill by the operator of the bonded warehouse because the freighter did not designate the boned warehouse and did not hold the position of employer to the operator of the bonded warehouse. In conclusion, as the Korea Customs Authorities will drive the e-Freight project for the carriage of cargo by air, the carrier and freight forwarder should pay attention to the requirements and legal effect of the electronic documentation of the carriage of cargo by air.