해상운송인의 감항능력 주의의무 이행 판단의 근거에 관한 연구 (영국판례를 중심으로)

Abstract

Abstract

A Study on the interpreting basis of carrier's Seaworthiness

(Based on British court cases)

Park, Sang Jun

Dept. of Maritime Law

Graduate School, Korea Maritime University

(Directed by Prof. Ji, Sang-Gyu)

It is reasonable for ship on the sea to possess the diligence for seaworthiness and the ship without the diligence for seaworthiness is not able to achieve the voyage for the proper purpose. Under the circumstance, carrier by see bears the diligence for seaworthiness during the voyage and law and internal regulation regulate the liabilities and obligation of carrier by sea on this issue.

For instance, Hague-Visby Rules Article 3, Section 1 and Korea Commerial code Article 794 regulate the obligation of policy on the due diligence for seaworthiness of the carrier.

The criteria of the due diligence of ship is not regulated at the same and the most important is the basis of fact during voyage. It is to be judged by the real situation and circumstances.

Meanwhile, it can be classified as the due diligence for Vessel seaworthiness, for Voyage seaworthiness, for Human seaworthiness and for Cargo worthiness.

Most major sea accident is caused by the default of human and therefore, the due diligence for Human seaworthiness is gradually getting important. Cargo worthiness is that the matter of transporting ship on the loaded cargo. that is, the ship must have the proper conditions through the wide-ranging part of hulls, voyage, manpower and cargo-loading capacity in order that the ship acquires the due diligence for seaworthiness.

The carrier should pay attention to the due diligence properly to obtain the due diligence for seaworthiness.

Due to the recently-frequent sea accident, there are many domestic & foreign demanding which we will have to take the stronger measures to gain the marine safety and to protect the marine environment. For this purpose, IMO has reinforced the international cooperation related more and more.

In case that a loss is brought to the ship due to unseaworthiness of the ship and the carrier is charged to compensate the loss, the carrier should submit substantial evidence that he/she had taken every rational and necessary measures to prevent such a loss if he/she tries to be exempted from such responsibility.

In this study, I have researched the recent standard of seaworthiness and the British precedents and Korean precedents. Compared to two different precedents, I criticized Korean precedents from Supreme court and suggested the way to seaworthiness for better protection of sea accidents.

In a conclusion, it should apply more strict standard to judge ship's seaworthiness for prevention of sea accident. Also, the regulation and law of seaworthiness set up internationally and each nation have to discuss this issue more deeply.