BBCHP의 법적성질에 관한 연구

Abstract

Shipbuilding requires a tremendous amount of money and generally takes 1~2 years. The completion of ship greatly depends on her type and size. For these reasons, a shipowner normally borrows money from a bank or raises funds from investors in capital market. Likewise, techniques for ship finance are various.

In this paper, much deeper study is made on the Bareboat charter-hire purchase(BBCHP). Furthermore, legal characteristics of BBCHP are analyzed in detail. The reason is that BBCHP is greatly important in respect of ship finance. That is to say, BBCHP is one of the significant agreements in the context of ship finance.

This BBCHP has been administratively introduced to Republic of Korea(Korea) since the late 1960s. At that time, the dealing of the used ships commenced according to growth and development of the shipping industry in Korea. Actually, this BBCHP has had significant influence on development of the shipping industry of Korea.

But, it is not clear exactly what legal characteristic of BBCHP is and many arguments over legal characteristic of BBCHP have been advanced so far. Moreover, the corporate rehabilitation proceeding has commenced for the Hanjin shipping. The legal characteristic of BBCHP becomes a significant legal issue under the corporate rehabilitation proceeding. The shipping company’s fate will greatly change according to how to judge it.

In this view. this paper, first, examines legal characteristic of BBCHP. Second, this paper analyzes how to handle BBCHP under the corporate rehabilitation proceeding.

This paper may contribute to solving legal problems over BBCHP even though this dissertation is not perfect.