• Proceedings of the Korean Institute of Navigation and Port Research Conference
• /
• 2007.12a
• /
• pp.49-50
• /
• 2007

선박의 대형화 및 해상사업의 기업화 등에 따라 해상운송에 있어 화물의 하역, 보관 등의 전문적인 부분을 담당하고 있는 항만하역업자, 항만터미널운영자, 창고업자 동 독립계약자의 역할은 점점 증대되어 가고 있는 추세이다. 하지만 국제해상운송은 해상운송인과 화주를 중심으로 체결한 운송계약을 중심으로 이루어져 왔으므로, 영국 보통법상의 직접계약관계의 원칙에 의해 계약당사자가 아닌 자는 계약상의 이익을 원용할 수 없다는 입장을 유지하여 왔다 이에 대해 이를 완화하고자 하는 다양한 방안이 적용되고 있으며, '히말라야약관'도 그러한 방안중의 하나이다. 본 논문은 최근 대법원판결을 통해 우리나라 법원의 히말라야약관의 유효성 인정에 대한 내용을 재검토해 본다.

• Journal of Navigation and Port Research
• /
• v.32 no.1
• /
• pp.97-102
• /
• 2008

According to the trend of a large-sized vessel and a industrial carrier, the role of the independent contractors such as transport terminal operators, stevedores and warehousemen is increasing the base of cargo distribution that include the function of storage, warehousing, loading, unloading, trimming, dunnaging and lashing. But the common law doctrine of privity of contract has been a perennial source of difficulty for litigants seeking to enforce rights and obligations arising under a bill of lading contract. When carriage contract is negotiated, the concerned parties will be aware that some portion of obligations arising from the contract will be performed by the independent contractors engaged to carry out a particular function. It is reasonable for the independent contractors to be allowed the benefit of the carrier under the contract of carriage. As a part of the alleviating measures for the liability of independent contractors has been allowed various schemes, specially including 'Himalaya Clause'. Therefore, this study performed the validity of 'Himalaya Clause' by means of a recent judicial precedent by the Supreme Court and analyzed the rights of third parties, specially transport terminal operators, under the contract of carriage.

• Korean Journal of Plant Taxonomy
• /
• v.41 no.4
• /
• pp.429-439
• /
• 2011

We investigated the flora of Imja-do(Isl.), an island of the Shinan archipelago, located in Imja-myeon, Shinan-gun, Jollanamo-do and discussed the vascular plants found there. Twenty-four separate field trips (100days) were completed from August of 1997 to October of 2009. As a result, we identified the distribution of 526 taxa in Imja-do(Isl.), comprising 112 families, 331 genera, 463 species, 1 subspecies, 60 varieties, and 2 forms. There are a total of 78 taxa of floristic regional indicator plants and one taxon of level II endangered species, Millettia japonica, as designated by the Korean Ministry of the Environment. The floristic regional indicator plants are as follows; four taxa of level V such as Utricularia bifida, two taxa of level IV such as Cladium chinense, 14 taxa of level III such as Aletris spicata, three taxa of level II, and 55 taxa of level I. In addition, one endangered species (EN), Nymphoides coreana, five vulnerable species (VU),such as Ilex cornuta, and three near-threatened species (NT) such as Utricula riaracemosa, were found in the investigated area. The plants of Imja-do(Isl.) are classified into four types based on the plant geographical origin, as follows: 1) boreal plants advancing southward in a glacial period, 2) temperate plants spreading eastward from the Himalayas and China to Japan passing through the south coast of Korea, 3) subtropical plants, and 4) indigenously developed endemic species of the warm-temperate region of East Asia.