• Title/Summary/Keyword: 손해배상예정액

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A Study on the Disputable Issues of the Standard Form of Korea Service Contract - Focusing on Liquidated Damage and Minimum Quantity Commitment - (한국 컨테이너 해상화물 표준장기운송계약서 쟁점에 관한 연구 - 손해배상예정액과 최소약정물량을 중심으로 -)

  • Jae-woong Yoon;Yun-seok Hur
    • Korea Trade Review
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    • v.48 no.2
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    • pp.217-243
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    • 2023
  • This study revealed practical implications by analyzing the clauses and disputable issues of the Korea Service Contract. Korea introduced Servcie Contract in the container part since Hanjin Shipping's bankrupcy and distributed the standard form(2019). After that, the standard form was revised during the supply chain crisis(2022). In the standard form, there are clause that require agreement due to conflicting interests of shipper and carrier. Therefore, the main clauses of the standard form were analyzed to derive the practical meaning to the both parties. In addition, in the process of introducing the standard form, the most disputable issues, liquidated damages and minimum quality commitment, were deeply analyzed to explain how shipper and carriers' benefit and loss differ as the clause changes. In conclusion, both parties must set LD at a very reasonable level so that they do not proceed separately with penalty. In addition, 'evenly' is a much more important than quantity for carrier in the establishment of MQC, so extra box option for shipper even during the peak season is needed to accommodate with service contract.