선하증권상 FIO 특약의 개념과 효력 - 대법원 2010.4.15.선고 2007다50649판결을 중심으로-

Abstract

FIO terms are widely used in the voyage charter parties in Korean practices. Under the FIO terms, several issues are raised. The first issue is whether the shipowner's liability to load and discharge is shifted to the charterer or not. In the Korean Supreme Court case 2010.4.15. Docket No. 2007da50649, the Court accepted that the liability of the carrier (shipowner) to load, stow and discharge is shifted to the charterer. The second issue is whether the FIO terms is null and void because it makes the carrier less liable than the Korean Commercial Code Art. 795 and thus it is against the obligatory provision of Art. 799, which is equivalent to Hague-Visby Rules Art. 3(8). In the above case, the Court rendered that it was not against Art. 799. The authors address legal issues of FIO term and analyse the judgment of the above Korean Supreme Court on the meaning of FIO term and submit a proposal for improving the legal status of the FIO term in the Korean Commercial Code.