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해상법 판례 50년의 회고와 전망Study on Leading Cases of Korean Maritime Law over past 50 years
- Other Titles
- Study on Leading Cases of Korean Maritime Law over past 50 years
- Authors
- 김인현
- Issue Date
- 2010
- Publisher
- 한국상사판례학회
- Keywords
- 나용선자(선박임차인; 선체용선자); 정기용선자; 재운송; 책임제한제도; 책임제한배제사유; 선하증권; 공선하증권; 인도; 보증도; 복합운송; 제소기간; 히말라야조항; 해상보험; 담보특약; 선주책임상호보험; Bareboat charterer; time charterer; sub-charter; limitation of liability; To break the right of the limitation of liability; bill of lading; void bill of lading; delivery; delivery against Letter of Guarantee; combined transportation; time bar; himalaya clause; marine insurance; warranties; Protection and Indemnity insurance
- Citation
- 상사판례연구, v.23, no.1, pp.215 - 285
- Indexed
- KCI
- Journal Title
- 상사판례연구
- Volume
- 23
- Number
- 1
- Start Page
- 215
- End Page
- 285
- ISSN
- 1225-0392
- Abstract
- Korean Commercial Code (hereinafter KCC) was enacted in 1962. Maritime Law section is included in the KCC as Chapter V. The writer overviews the general trends in the maritime law cases of the Korean Supreme Court over past 50 years. The writer selected 14 leading cases among them. Among these cases are the legal status of a bareboat charterer and time charterer, the cause of actions for which limitation of liability is available, a case that the carrier's right of package limitation was not allowed, the legal effect of the unknown clause in the bill of lading and void bill of lading, the time of delivery, the validity of 9 months time bar provisions in the FIATA bill of lading, the validity of himalaya clause, the legal meaning of the judgment rendered by Korean Safety Tribunal, and legal interpretation of marine insurance such as warranties.
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