• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2007.12a
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• pp.51-55
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• 2007

This thesis deals with the legal principles, case law decisions and suggestions for the Sale & Purchase of ships concerning enactment proposal of maritime law. Recently, the shipbuilding market has shown a major shift towards East Asia, particularly Korea, Japan and China. The major Korean shipyards in particular have engaged in substantial investment programmes both to expand their overall shipbuilding capacity and to enter new markets, such as for liquefied natural gas(LNG) carriers. The Korean Government has recently taken interest in the sale & purchase of used ships, utilizing the Internet and has made plans for building the Shipping Exchange in korea. So this thesis examines the situation of the world's shipping industry and the different kinds of the Sale & Purchase of ships. deals with the legal principles, and case law decisions. describes Forms of Shipbuilding Contracts and Memorandums of Agreement of second-hand ships. And makes suggestions for 1) the Shipbuilding Contracts of the shipowner's Association of Korea and 2) The Korean Shipbrokers' Association's Memorandum of Agreement for Ship Sale & Purchase in the korean shipping industry. Having reached the end of this thesis. the writer suggests to make terms of sale of ships in the korean civil code and commercial code, Additionally. the writer suggests to make a special law in relation to the Sale & Purchase of ships. Furthermore, the writer suggests expanding the Shipping Exchange in Korea.

• Journal of the Korean Institute of Navigation
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• v.7 no.2
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• pp.65-113
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• 1983

A lot of studies of ship's economy are on the traditional fields such asreducing propulsion resistance, raising cargo handling rates and lessening building consts, but there are few researches on the merchant ship's economy concerning their deadweights and speeds according to shipping companies managerial cercumstances. Contrary to the contemporary trend that "the bigger, the better, if the cargo handling rate could increased sufficiently to hold down port time to that rate of smmaler vessels", this paper demonstrates the existence of certain limits in ship's size and speed according to the coditions of the freight rates, voyage distances, cargo handing rates, prices of fuel oil, interst rates etc. Fom the curves of criteria contour for various ship's deadweights and speeds which are depicted from the gird search method, one can get the costs and the yearly profit rates under the conditiions of large volume with long term contracts for the transportation of bulk cargoes. In estimating ship's transportation economy, the auther takes the position that the profit rate method is properer than the cost method, and introduces the calculation table of the voyage profit rate index. The use of the criteria contours will be of help to ship owners in determining the size and speed of the ship which will be built or purchased and serve in a certain trade route.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.64
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• pp.155-185
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• 2014

Liability for the manufacture or supply of defective products can arise in two principle ways, in tort and in contract. English law has long regarded shipbuilding contract as agreement for the sale and purchase of goods. The consequence of which is that unless the Buyer and Builder agree otherwise, terms will automatically be implied into the contract between them as to the quality and performance of the completed vessel. The same principle applies to sub-contracts allied to the shipbuilding contract. On the other hand, one case decisions established that ".... a contract to build a ship, though a contract of sale of goods, has also some characteristics of a building contract", Recently the liability of a manufacturer in tort for physical damage i.e. personal injury and damage to property other than alleged to be defective is now well settled in most countries. Accordingly the Builder may face third party claims in tort more regularly than they have in the past, if the statutory implied terms have not been expressly excluded in contract. In such circumstances, it is necessary for the Builder to be prepared with counter measures to secure the stability of the vessel from its design development, building process, delivery and operation etc. The purpose of this paper is, from the case of "MSC Carla", to review product liability, jurisdiction and the initial date of extinctive prescription, then to suggest counter measures to the Builder.