컨테이너터미널 운영자의 책임에 관한 연구

A Study on the Container Terminal Operator’s Liability

The world maritime environment of container ports and shipping lines is rapidly changing. The terminal and stevedoring industry is confronted with bigger and fewer shipping lines demands. Stevedoring operation in container terminal involves several stages of handling, all of which create a possibility for loss or damage to cargo. Himalaya clauses are often used to protect the stevedores from any claims for loss or damage occurring to the goods being handled by terminal operator in his premise. Because container terminal operator as a third party are not interpreted the carrier's servants and agents, terminal operator's liability regarded as a controversial issue in maritime fields. But the servants and agents enjoy same defences and liability limitations as the carrier. The terminal operator shall only be liable for loss or damage caused by the gross negligence of the terminal operator. Under the present Korean Law, there are no suitable law on the liability of container terminal operator. This paper reviews the international conventions relating to the liability of carrier, terms and conditions of home and abroad container terminal, 1989 Convention on Liability of Operators of Transport Terminal in Int'l trade, and Korean Commercial Law. Therefore, this paper proposes some ideas on legal regime related to liability and indemnity of container terminal operator in order to preserve a uniformity of law.