[국제물품매매계약] UN 해상화물운송협약 수정초안상의 운송인의 책임

Carrier's Liability in Draft Instrument on Carriage of Goods by Sea

UNCITRAL established Working Group III (Transport Law) in 2001 and entrusted it with the task of preparing a legislative on issues relating to the international carriage of goods such as the scope of application, the period of responsibility of the carrier and liability of the carrier. After discussing Preliminary Draft Instrument of CMI, the Working Group received the Preliminary Draft in 2003, which is called Draft Instrument on the Carriage of Goods by Sea. The revised Draft is under the discussing now and to be continuously discussed in this year. The purpose of this paper is to compare the carrier's liability in the revised Draft with that of Hague-Visby Rille, Hamburg Rules or Korean Commercial Code, and to prepare the Korean proposal to be sent to the UNCITRAL Working Group, and fmally to reflect the Korean position in a new Convention. As the Hamburg Rules, which was effective in 1992, do not expand internationally as expected due to excessive strength of shipper's rights, the Working Group is making efforts to reflect the Hague-Visby Rules in the revised Draft as much as possible. The significance of the revised Draft aiming at Door-to-Door transportation is to unify the complex and various international conventions such as Hague Rules, Visby Rules, Hamburg Rules, CMR, CIM-COTIF or UN Multimodal Convention. The most important topic in the Draft is about the liability of carrier including the principle of liability, liability system, limitation of liability and so on. For these, this author suggests desirable ideas which, this author thinks, would be helpful in preparing the Korean Proposals.