해상운송인의 감항능력주의의무에 대한 일고찰

• 영문명: A Study on the Obligation of Sea Carriers to Care for Seaworthiness
• 발행기관: 한국무역연구원
• 저자명: 김만길(Man-Gil Kim)
• 간행물 정보: 『무역연구』제17권 제5호, 657~670쪽, 전체 14쪽
• 주제분류: 경제경영 > 무역학
• 파일형태: PDF
• 발행일자: 2021.10.30

영문 초록

Purpose - Carriers are obliged to provide ships with seaworthiness suitable to withstand the accidental hazards encountered during voyages. Non-compliance negligence refers to a violation of a significant notice of duty that is a maritime law obligation to the carrier. Consider the carrier s liability for these violations. Design/Methodology/Approach - Incompetent negligence is divided into superior negligence and voyage negligence. It examines the basis for the carrier s voyage negligence and the responsibility structure of the manager s negligence, and also examines the carrier s liability limitations. Accordingly, I. Introduction II. Time to fulfill the duty of caution in seaworthiness III. Who is responsible for non-compliance negligence IV. Proof of responsibility and Carrier s Limitation of Liability V. Organize papers in order of conclusion. Findings - The carrier must be equipped with various equipment, necessities, and required documents necessary for the ship s own seaworthiness, as well as the crew to operate the vessel, and the necessary documents to operate the ship, so the carrier can meet all of these conditions. Should be given great care. The carrier must prove that the carrier s negligence is presumed in the event of damage due to the vessel s non-compliance, and that the carrier has taken all reasonable measures to prevent such damage in order to indemnify the carrier. In other words, the carrier will be able to avoid liability for damages by proving that he has taken great care to provide a ship with seaworthiness. The carrier s liability is limited to damages caused by non-compliance, otherwise it is indemnified under Article 4, Article 1 of The Hague / Hague Visby Rules. Research Implications - The purpose of this study is to derive a range of responsibilities to carriers and shippers according to changes in international maritime transport rules and to draw up solutions in case of problems.

목차

Ⅰ. 서론

Ⅱ. 감항능력주의의무 이행시기

Ⅲ. 감항능력주의의무 과실의 책임주체

Ⅳ. 감항능력주의의무 위반의 입증책임 및 책임제한

Ⅴ. 결론

References

키워드

Rotterdam Rules Seaworthiness Significant Attention The Hague-Visby Rules