택배업 관련 분쟁해결절차상 간접증거에 의한 화물인도사실의 증명

Proof of the Fact of Delivery by Indirect Evidence in Dispute Resolution Procedure Related to the Courier Services

A courier contract between a courier service provider and a shipper is a kind of transportation contract, and the courier service provider mainly has the rights and obligations of a land carrier under commercial law. On the other hand, due to the reality of the courier business, which requires the delivery of a large amount of cargo across the country and a small amount of cargo to each shipper in exchange for a relatively low fare, the situation of courier workers may become very poor if they have to repeat delivery, return and redelivery in the absence of the consignee, so to prevent this, couriers collect indirect evidence by photographing the delivery of the cargo at the consignee's doorstep(indirect fact) to prove the delivery of the cargo. Indirect facts are not subject to the principle of pleading, so even if a party does not claim the fact, the court can confirm the existence of evidence to the courier and acknowledge the fact of cargo delivery by judge’s free judgment. But there might be cases where it is determined that the fact of cargo delivery is not acknowledged under specific circumstances. In order to solve the structural problems in the courier transportation process, it is necessary to mandate the installation of unmanned delivery boxes and to legislate the contents that are acknowledged as cargo delivery when cargo is placed in unmanned delivery boxes. In the case of apartment complexes that prohibit the entry of cargo vehicles in this process, it is necessary to legislate the obligation to select and notify to the public the person who receives the cargo at the apartment complex tenant representative meeting.