선박관리와 감항능력주의의무에 관한 연구

A Paper on the Relation of Ship Management and Obligation to Exercise Due Diligence in Making the Vessel Seaworthy

The case, Papera Traders Co. Ltd. and Others v. Hyundai Merchant Marine Co. Ltd and Another(The Eurasian Dream), was occurred on July, 1998 when the ISM Code became mandatory under SOLAS and from that date it applied to oil tankers, chemical tankers, gas carriers, bulk carriers and cargo high-speed craft of 500 gross tonnage and above. On July 23, 1998, a fire started on the deck of pure car carrier Eurasian Dream while in port at Sharjah. The source of fuel was the stevedores action of pouring petrol or transferring fuel in some way - refueling or pouring into a carburettor. The fire eventually destroyed or damaged the vessels cargo of new and second-hand vehicles and rendered the vessel itself a constructive total loss. Justice Cresswell held that the fire that destroyed or damaged the cargo was due to the unseaworthiness of the vessel they have the burden of proving that the vessel was unseaworthy before and at the beginning of the voyage and that the loss or damage was caused by that unseaworthiness. This case was a dispute between dependent and claimant alleging that the carrier should provide "properly man, equip and supply the ship and keep the ship so manned" under Hague-Visby Rules. Although ISM code was not officially applied to the carriage by car carriers until July 2002, a rule based on the code had customarily been employed as a mean for international dispute resolution. Examining the above case closely, the purpose of this study is to explore the relation of ship management and obligation to exercise due diligence in making the vessel seaworthy.