韓中日 海商法 比較 硏究 - 統一化를 중심으로 -

Abstract

The authors try to compare maritime law of Korea, Japan and China and to suggest a way of unification of maritime law for the purpose of providing predictability for stake holders involved in maritime business. There are several differences in the maritime law among three countries as follows: (i) the limitation amount for the ship owner (ii) the scope of the carrier’s obligation (iii) how to protect the shipper (iv) ship arrest and maritime lien. The limitation amount of Japan is the highest one among three countries. The carrier’s scope of obligation in Korea is broader than that of Japan and China. The ship arrest and maritime lien regime among three countries are fragmented. Furthermore, in relation to multi-modal transportation, the comprehensive codified law can not be found among three countries. By ratifying 1976 LLMC and it protocol of 1996, the unification can be achieved in terms of limitation amount and dual limitation proceeding in several countries. Ratifying Rotterdam Rules may give three countries an opportunity to unify the carriage of goods by sea. In relation to multimodal transportation, making new convention for three countries is required. Establishing common oil pollution fund for three countries may solve the compensation issue when oil pollution occurs in the region. The unification for ship arrest and maritime lien regime can be achieved by ratifying the relevant international conventions.