운송물 인도관련 법제도 개선방안에 관한 연구

Abstract

In general, the carrier shall, subject to the relevant Convention, national rules and in accordance with the terms of the contract of carriage, carry the goods to the place of destination and deliver them to the consignee. Particularly, under a carriage contract in which a bill of lading is issued, the cargo should be delivered exactly as a repayment to the bill of lading from the carrier to the proper holder of B/L except for the non-negotiable bill of lading. Therefore, if this duty is not done by carrier, the carrier should be liable for damages wholly to the consignee under relevant laws. In some cases, the carrier could be sued in contract or tort, presumably, without the protection by LLMC, which can be confirmed through various cases in law and precedents internationally. The issue of the responsibility of the carrier can be raised especially where a container cargo is located in the container yard(CY) and/or container freight station(CFS) after discharging from the carrier's liner-service vessel and therefrom the cargo should be in his or subordinates's custody. The importer carries the cargo from the CY or CFS to the his warehouse through bonded transportation by only notice to custom without the presentation of B/L and eventually the carrier results in mis-delivery of the goods. Causing from the difference between commercial law and customs law, there is no way of protection for the carrier under law in presence. Therefore, considering the commercial and maritime laws in domestic and foreign nations and international regulations, the possible protection ways for the carrier against mis-delivery could be suggested with amendments on the designated and authorized bonded-warehouse regulations and unified procedures of delivery with delivery order(D/O) and the expansion of limitation of liability based on the analyzed case laws and precedents as per the extended delivery scope in recent tendency and policy of carriage contract with B/L.