Seaworthiness of the Ship in UNCITRAL Draft Instrument and in Korean Commercial Act Act

해상법(海商法)상의 선박 감항능력 확보 의무와 UNCITRAL 운송법 초안상의 선박 감항능력 유지 의무

Seaworthiness is an important part of the carrier's obligation in the carriage of goods by sea. Especially seaworthiness of the ship is one of the most important obligations of the carrier in the field of international transport law. Therefore it will be important to examine the expected impacts by adopting a continuing duty of seaworthiness in UNCITRAL Draft Instrument from the Korea point of view because Korean Commercial Act provides that carriers are only obliged to exercise due diligence to make the ship seaworthy before and at the beginning of the voyage. This paper examines the concept of the seaworthiness and analyses the provisions of the Draft Instrument for the duty of seaworthiness in comparison with the Korean Commercial Act.