• 한국항만경제학회지
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• 제29권4호
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• pp.27-53
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• 2013

용선계약에서 정박기간은 확정할 수도 있고 미확정인 상태로 그 항만의 관습적인 방법에 따라 선적 및 양하를 행하는 것이 일반적인 관례이다. 항만설비나 기타 제반 여건이 좋아 하역작업이 조속히 이루어 질 수 있는 상황이라면 선주는 그 항만의 관습에 따라 행하는 하역작업을 허용할 수도 있으나, 항만이 신설되거나 여건이 좋지 않을 경우 일정한 기한 내에 작업을 행하도록 용선 계약상에 명문화 하는 것이 통상적인 운송계약방식이다. 그 이유는 용선자나 선주가 조속한 하역작업을 위해 각자의 권리와 의무에 최선을 다하고, 가능한 조속히 하역을 완료하여 선박이 항만에서 체류하게 되는 시간을 최소화시켜 운항효율성을 제고하는 한편, 그에 따라 운임과 항만비용 등 제반 운송비용을 절감함으로써, 용선자나 선주가 공동의 이익을 실현할 수 있기 때문이다. 이러한 기한부 하역조건에는 용선계약의 양식과 화물의 종류 등에 따라 매우 다양하게 표한할 수 있다. 그러나 이러한 용어에 관하여 용선자나 선주의 명확한 이해부족으로 많은 분쟁이 발생한다. 따라서 본고에서는 용선계약에서 언급되는 기한부 하역조건 또는 정박기간의 조건을 영국법의 판례로 살펴보고 그에 따른 법적의미와 해석기준을 제시하여, 국제무역과 해운기업의 실무에 도움이 되고자 한다.

• 한국항만경제학회지
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• 제28권1호
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• pp.83-104
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• 2012

해운시장에서 부정기선은 주로 항해용선계약에 의해 운송계약을 체결하고 선적과 양하에 소요되는 항차일수를 최소한으로 단축시켜 운항이익을 창출하는 선박이다. 특히 작금의 불황이 지속되고 있는 해운시황에서 선주의 입장에서 열악한 해상운임으로 운항이익을 창출한다는 것은 매우 어려운 일이 아닐 수 없다. 일정한 항만을 상대로 타임 스케줄에 의해 정기적으로 운항하는 정기선과는 달리, 부정기선은 수많은 종류의 화물을 찾아 세계의 모든 항만에 기항한다. 따라서 항해용선계약은 매 항차 각기 다른 하주를 상대로 운송계약을 맺어야 하고, 그에 따라 운항효율성제고에 부단한 노력이 요구되는 특성을 가진다. 부정기선의 운항효율성에 영향을 미치는 것은 항해기간과 정박기간이다. 이 중 정박기간은 항만에서 선적과 양하를 위해 용선자에게 허용된 시간으로서 용선계약서에 그 기간이 약정된다. 용선계약서에 명시된 약정된 기간을 초과하여 정박기간을 사용하였다면 용선자는 선주에게 체선료를 지불해야하고, 그 반대인 경우는 선주가 용선자에게 조출료를 지불한다. 그러나 정박기간의 적용범위와 관련하여서는 가장 많은 분쟁이 발생하는 부분이다, 그 이유는 화물에 따라, 그리고 항만의 관습에 따라 매우 다양한 상황이 전개되기 때문이다. 본고에서는 이러한 점에 중점을 두고 정박기간과 관련하여 용선자의 권리와 의무에 관하여 고찰한다. 일반적으로 정박기간은 용선자를 위해 주어지며 용선자에게 유리한 형식을 취하는 것이 통상적이기 때문이다. 이의 연구목적을 달성하기 위해서 주로 영미법에 의한 판례를 살펴보고 그에 대한 해석을 덧붙이며 결론과 시사점을 도출한다.

• 무역상무연구
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• 제69권
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• pp.85-105
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• 2016

The fact that one of the parties to the sale contract has had to pay demurrage to the shipowner under LD clauses in the charterparty does not of itself mean that he can recover that loss from his sale counter party under the sale contract: the route to such recovery is through express clauses in the sale contract itself. LD clauses in a sale contract stand free and independent of their counterparts in the relevant charterparty. LD clauses in a sale contract should be construed and applied as clauses in sale contracts, not as adjuncts to charterparties. Their interpretation should therefore be coloured not by decisions on laytime and demurrage in charterparties, but by their relationship to the contractual duties of CIF and FOB sellers and buyers. The results discussed here have implications for the drafting of LD clauses in sale contracts. If unwelcome surprises are to be avoided, it seems to advisable to start from the principle: what exactly do traders want or need in LD clauses. They need a clause which covers them against charterparty losses where those losses are the result of dealy caused by the counterparty to the sale contract. The parties to the sale contracts are well advised to prepare LD clauses concentrating on that purpose and bearing in mind the followiing questions. First, should the loading and discharge code in the sale contract appear in traders' or trade associations' standard terms and conditions or should they be left to ad hoc negotiation in contract sheets? Second, should that code be as complete as possible, covering loading or discharge periods or rates, demurrage and despatch, or is it enough for only some of those matters to be covered explicitly, leaving other matters to be governed" as per charterparty"? Third, does the introduction or incorporation of a stipulation for the giving of a notice of readiness make the start of laytime more or less predictable as between seller and buyer? Finally should a loading and discharge code in a sale contract actully be called a "laytime and demmurrage clauses"?

• 항공우주정책ㆍ법학회지
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• 제4권
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• pp.65-85
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• 1992

The air waybill is supposed to be made out by the consignor. If the carrier makes it out, he is deemed, subject to proof to the contrary, to have done so on behalf of the consignor. The air waybill shall be made out in three original parts. The first part shall be marked "for the carrier", and shall be signed by the consignor. The second part shall be marked "for the consignee", it shall be signed by the consignor and by the carrier and shall accompany the goods. The third part shall be signed by the carrier and handed by him to the consignor, after the goods have been accepted. According to the original Warsow Convention article 8, the air waybill must contain 17 particulars or items. However, the Hague Protocol reduced to three the number of particulars required to appear on the air waybill. Only one item is obligatory, namely, the notice that the carriage is subject to the rules of the Warsaw Convention. The absence of the air waybill entails unlimited liability of the carrier because it deprives him of the right to avail himself of the provisions of the Warsaw Convention which exclude or limit his liability. The consignor shall be liable for all damages suffered by the carrier or any other person by reason of the irregularity, incorrectness or incompleteness of the particulars and statements in the air waybill. Although the contract of the carriage of goods by air is not a formal contract, the document of carriage is issued. The issue of air wayhill is not essential for the existence or validity of the contract, but serves merely as a means of proof. The Hague Protocol has lessened the consequences of the carrier's neglect to faithfully accomplish the required formalities. Henceforth, these formalities no longer constitute legal obligations. The air waybill is the consignment note used for the carriage of goods by air. It is often called an air consignment note and is not a document of title or transferable/negotiable instrument. It is basically a receipt for the goods for despatch and is prima facie evidence of the conditions of carriage. Each of the original parts of the air waybill has evidential value and possession of his part is a condition for the exercise by the consignor or cosignee of his rights under the contract of carriage. Oveall, it is an usage that under a documentary letter of credit, the consignee on the air waybill is the opening bank of the letter of credit, and the notify party is the importer who applied for the letter of credit. In Korea there is an usage as to process of cargo delivery in air transportation as follows: The carrier carries the cargo into the bonded area of the airport and gives both the notice of arrival of the cargo and the consignee's air waybill to the notify party who is the importer. Then the notify party obtains the Letter of Guarantee from the opening bank in exchange for reimbursing the amount of the letter of credit or tendering the security therefor to the opening bank. The notify party then presents this document to the customs authorities for the process of customs clearance. The opening bank becomes a consignee only to ensure repayment of the funds it has expended, and the only interest of the opening bank as consignee is the reimbursement of the money paid to the exporter under the documentary letter of credit. Just as the bill of lading in maritime law, the air waybill has always been considered negotiable although the Warsaw Convention does not emphasize this aspect of negotiability. However, the Hague Protocol article 4 corrected the situation by stating that "nothing in this Convention prevents the issue of a negotiable air waybill." This provision officially recognizes that the air waybill must meet the needs of the present day business circles by being a negotiable instrument. Meanwhile, Montreal Additional Protocol no. 4 has brought important changes. Registration by computer is acceptable and the parties to the contract of carriage are allowed to replace the air waybill with a receipt for the goods. In conclusion, as the Warsaw Convention has not details of provisions relating to the issuing of the negotiable air waybill, it is hoped that there should be supplement to the Warsaw Convention and establishment of international commercial usage with regard to the negotiable air waybill.

• 무역상무연구
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• 제45권
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• pp.191-238
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• 2010

The purpose of this paper is to make research on the trend of the worldwide medical device market, the trend of the medical device market in the major foreign countries, the present status of the medical device industry in Korea and Gangwon area, the present status of export competitive power and the SWOT analysis of competitive power of the medical device industry in Gangwon area, and the strengthening methods of export competitive power of the medical device industry in Gangwon area. As the research method, the questionaire for the strengthening of export competitive power of the medical device industry in Gangwon area was carried out from August 13 to Otober 22, 2009. The worldwide medical device market in 2008 is estimated at USD 210.2 billion, with the United States being the largest market, followed closely by Japan and Western Europe. In 2006, the worldwide export amount of medical devices recorded USD 121.1 billion and the worldwide import amount of medical devices recorded USD 126.3 billion. As of the end of 2008, the number of Korea's medical device manufacturers expanded to 1,726. The production amount of Korea's medical device industry in 2008 recorded 2,525 billion won, and the domestic market volume of medical devices in 2008 recorded 3,618 billion won. Korea's export amount of medical devices in 2008 recorded USD 1,132 million and recorded a 9.67% growth compared to the previous year, and the import amount of medical devices recorded USD 2,123 million and recorded a 1.43% reduction compared to the previous year. As of the end of 2008, the number of Gangwon area's medical device manufacturers expanded to 81. The production amount of Gangwon area's medical industry in 2008 recorded 380 billion won, and Gangwon area's export amount of medical devices recorded USD 269 million and recorded a 0.25% reduction compared to the previous year, and the import amount of medical devices recorded USD 3 million and recorded a 39.63% reduction compared to the previous year. According to the result analysis of the questionaire for the strengthening of export competitive power of medical device industry in Gangwon area(August 13~October 22, 2009), the competing country of the export medical device is the United States being the highest ranking. Comparing to the collective competitive power level 100 of the competing country, the collective competitive level of the export medical device is 60 below and 70-80 below being the highest ranking. Comparing to the quality level 100 of the United States, EU and Japan, the quality level of the export medical device is 80-90 below being the highest ranking. Comparing to the design level 100 of the United States, EU and Japan, the design level of the export medical device is 90-100 below being the highest ranking. Comparing to the technology level 100 of the United States, EU and Japan, the technology level of the export medical device is 80-90 below being the highest ranking. According to the SWOT analysis of competitive power of medical device industry in Gangwon area, the strength is the abundant expert manpower of the medical device in Wonju area. The weakness is the fragility of the brand recognition of the medical device industry. The opportunity is the demand increase of the new medical device owing to the advanced age of population. The threat is the difficulty of entry into overseas market owing to the request of the new specification certification of the medical device. In order to strengthen the export competitive power of the medical device industry in Gangwon area, the following measures should be taken by the government, local self-government body, related organization and medical device industry : the development of new technology and design, the enhancement of brand recognition. the acquisition of the foreign specification certification, the building of overseas distribution channel and after sales service channel, the positive participation in overseas medical device exhibition and opening of medical device exhibition, the training of expert manpower, the strengthening of overseas marketing, and the application of FTA and the establishment of counter measures against FTA. In conclusion, the medical device industry in Gangwon area has the difficulty in the entry into the overseas market owing to the shortage of overseas marketing capability. Therefore, the government and local self-government body should make the intensive and systematical support for overseas marketing of the medical device industry. For the support of overseas marketing, the government and local self-government body should provide positively the support of expenses for the acquisition of foreign specification certification, the support of participation in the overseas medical device exhibition, the despatch of market development mission, the increase of the support amount for R&D investment fund, and the training of expert manpower of medical devices.