Earticle

초록

영어

It could be debated that the owners were indemnified from the charterers even in respect of the loss of deck cargo caused by the negligence on the part of the owners' servants by a clause 13(b) of NYPE(1993) form, where NYPE(1993) incorporated the Hague/Visby Rules by a paramount clause and did not contained an on deck statement to state or identify what or how much deck cargo was being carried, however the relevant bills of lading all had such statement. The socol 3 of U.K. is a very helpful decision on (1) an on deck statement in bill of lading was sufficient to exclude application of the Hague/Visby Rules to the carriage of deck cargo, as a result, the clause 13(b) should not be null and void by the clause 3(8) of the Hague/Visby Rules (3) the clause 13(b) could not protect the owners from the loss and/or liability caused by negligence and/or breach of the obligation of seaworthiness on the part of the owners, their servants and agents. Therefore, the purpose of this study is to critically analyze the decision in the socol 3, and provide the decision's practical implications in order to prevent legal disputes as to the on deck carriage between the owners and the charterters.

목차

Abstract
 1. 문제의 제기
 2. 갑판적재화물에 대한 주요 법규의 내용
  2.1 헤이그규칙 (1924) 및 헤이그/비스비규칙(1968)
  2.2 함부르크규칙 (1978)
  2.3 로테르담규칙 (2008)
  2.4 상법 (2010)
 3. 사실관계와 쟁점
  3.1 사실관계
  3.2 쟁점
 4. 판결과 평석
  4.1 쟁점 1 - 헤이그/비스비규칙의 적용여부
  4.2 쟁점 2 - 제13조 (b)항의 적용범위
 5. 시사점
 6. 참고문헌

키워드

저자

• 이원정 [ Won-Jeong Lee | 덕성여자대학교 국제통상학과 ]
• 김태우 [ Tae-Yoo Kim | 유한대학 유통물류학과 ] 교신저자

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  대한안전경영과학회지 [Journal of Korea Safety Management & Science]

• 간기

  계간

• pISSN

  1229-6783

• eISSN

  2288-1484

• 수록기간

  1999~2025

• 십진분류

  KDC 530 DDC 620