국내 국제물류 시장 발전을 위한 필요 입법에 관한 연구

A Study on the Legalization Needs for the Development of the International Logistics Market of Korea

This study attempted to review the legislation which is necessary for the development of the international logistics market in Korea, and to explore its implication and future development direction. First, the related legislation (commercial law revision) was promoted in 2011 and 2015 for the definition and scope of multimodal transport as a one of the international transportation, the limitation of liability, and the effect of transport securities. Although the proposed amendment is controversial over its effect, it is considered desirable to revisit the revision by supplementing it for the prosperity of multimodal transportation and to resolve shippiers and forwarders disputes. In addition, it is not clear in the Framework Act on Logistics Policy whether the international logistics agent is a multimodal transporter and whether it is a carrier, a transport agent, or an agent. so the requirements were inferred through dispute cases. it is now necessary to prepare a supplementary legislation for the status of Korea OTI Lastly, it was revealed through the market that Forwarders function as a service distribution because it is possible to select the status of both shippers and liners when they do business on contract basis. On the other hand, regulations related to the service distribution have not been found on its concept or case, so despite the necessity of relevant authorities supervision, there is a legal gap. however, as the market distortions due to the oligopoly of Chabol s logistics subsidiaries, legislation was promoted to restrict the entry of therm into the market. Furthermore, it is necessary to further study whether the concept of wholesale and retail defined in distribution can be applied to third-party logistics companies according to the scale and business method by recognizing third-party logistics as service distributors.