선체용선 등록제도 도입에 관한 입법론적 연구

A Study on the Legislation for the Introduction of Bareboat Charter Registration System

In order to use a vessel of more than a certain size for commercial purposes, the ship s nationality must be determined, the seafarers should be embarked, and various mandatory regulations in accordance with international standards must be implemented. And the cargo must be shipped to the vessel to use the original value of the vessel. The nationalities of those who have jurisdiction over a variety of purposes for using the vessel are also diverse. And seafarers of various nationalities are on board. Humans face various disputes during social activities. At this time, the law is a factor that resolves disputes smoothly. And there are countries that have jurisdiction over such laws. In the field of shipping, the nationality of a ship is a strong factor which serves as the basis for its jurisdiction. In recent years there has often been legal disputes over the bareboat charter of hire purchase vessels. Korean lawyers the views are compatible that the BBCHP vessel is a foreign vessel and has no jurisdiction and that the vessel has a real right to operate, so it must be jurisdiction and protect by real ownership, even though it is flag of convenience registry. In order to resolve such legal disputes, it is necessary to introduce a bareboat charter registration system. The bareboat charter registration system may benefit the Korean shipping industries and ship owners, but it may also be a disadvantage. Because jurisdiction is sometimes regulated but sometimes protected. The choice is left only to the ship owner using the law. In this paper, I review the legislative cases of various countries and the precedents of Korean court the bareboat charter registration system and propose a legislative improvement plan.