체선료의 법적성질 및 계산기준에 관한 연구

• 영문명: A Study on the Legal Character and Caculation Standard of Demurrage
• 발행기관: 한국해양비즈니스학회
• 저자명: 김종석(Jong-Seok, Kim)
• 간행물 정보: 『해양비즈니스』제21호, 45~64쪽, 전체 20쪽
• 주제분류: 경제경영 > 경영학
• 파일형태: PDF
• 발행일자: 2012.04.30

영문 초록

This thesis researched on the demurrage focusing on common law in English and Korean Commercial Law. Especially the differences on the interpretation between English Law and Korean Commercial Law are as follow. Firstly, the legal character of demurrage under English Law is regarded as the damages caused by non performance of voyage charter. Whereas Korean Commercial Law has no regulations about it but, considering the use of word, " remuneration", the legal character of demurrage can be interpretated as a special remuneration. On the other hand, Korean academic circle has confronted between the damages and the special remuneration. The prominent opinion and cases take the special remuneration. Secondly, the commencement of laytime begins when the ship is admitted as an arrived ship. To be an arrived ship under English Law, the time when the ship arrives at the nominated berth in the case of berth charter. In the case of port charter, the time when the ship reaches in the commercial zone within the port. Whereas Korean Commercial Law has no regulations about it. But unless otherwise specifed in charterparty, it is common for port authority to nominate the place of shipment in practice. Thirdly, Under English Law, the demurrage is usually subject to pay daily. Whereas Korean Commercial Law has regulations which the shipowner can claim the demurrage to the charterer but, there is no the detailed regulation as to the calculation and payment way of the demurrage. Finally, the charterer is not responsibility for the payment of demurrage due to force majeure, the delay of shipment or discharge by shipowner's default and request of excessive demurrage on the part of shipowner. Whereas Korean Commercial Law has no express regulations on the exemption reason of demurrage except force majeure. As see above, there are same and different points in the interpretation standard on the demurrage between English Law and Korean Commercial Law. And English Law, in some cases, presents the interpretation standards but, Korean Commercial Law does not presents about them. Considering the demurrage problems are frequently happened, it is necessary to solve them by specifying the detailed regulations on the interpretation standards of the demurrage in Korean Commercial Law.

목차

Ⅰ. 서론

Ⅱ. 체선료의 법적성질

Ⅲ. 체선료의 계산

Ⅳ. 체선료의 지급 및 면제

Ⅴ. 결론

참고문헌

키워드

항해용선계약 정박기간 체선 Voyage Charter Demurrage Layday English Common Law Korean Commercial Law