해상운송인의 운송물에 관한 주의의무와 FIO약정의 유효성에 관한 연구

A Study on the Validity of the FIO Clause and the Carrier’s Duty Caring for the Cargo

In the Hague Visby Rules and the Korean Commercial Code, the carrier is responsible for ensuring the seaworthiness of the ship and taking care of the cargo. Customarily, however, in the case of volume contracts for international maritime transport, the FIO clause is included in the bill of lading issued under the charter agreement. In this paper, in the case of a bill of lading issued under a charter contract or in a contract of affreightment, the FIO clause on the relationship between the carrier and the bill of lading holder, principle of barring exoneration provisions of prohibiting the reduction or exemption of the liability of the carrier for the shipper or charterers was examined in terms of validity. Through these reviews, the possibility of the loading and stowage obligation was likewise examined through the FIO clause as well as the effectiveness of the carrier in relation to the delivery obligation under a case of delivery on the ship where discharging and delivery are results and implication.