實態調査를 통한 複合運送의 發展에 따른 合理的인 保驗制度에 관한 硏究

A Study on Rational Insurance System for the Development of International Multimodal Transport throught Enquette on Multimodal Transport and Insurance Problems

The international trade is basically founded on the contract of international sale of goods and backed up by the contract of international carriage of goods and the contract of insurance on the goods carried. For the efficient development of international trade, it is essential to incorporate the above three fields closely together. Economic growth has developed international trade which has accelerated the development of international carriage of goods. As a result of rapid expansion of international carriage of goods, rationalization of transport was required, which has brought about the International Multimodal Transport System(herein after referred to as 'IMT') through containerization. International multimodal transport system has affected international trade a lot, especially the field of insurance a great deal. The aim of this thesis is to study rational insurance system for the development of internatinal multimodal transport, principally multimodal transport operator's(herein after referred to as 'MTO') liabilty insurance and cargo owner's cargo insurance in accordance with MTO'S liability system through Enquette on Multimodal Transport and Insurance Problems. MTOs in Korea mainly.consist of liner shipping companies, ocean freight forwarders and air freight forwarders. Ocean feright forwarders and air freight forwarders are similar to non-vessel operating common carrier. (NVOCC) in the U.S.A and they organized Korea International Freight Forwarders Association in 1977 (KIFFA,1977). The present status and future prospects of IMT, IMT & insurance problems, MTO and MTD were analysed through the enquette to the above MTOs in Korea by 462 companies. Items of the enquette were carefully analysed respectively. A result of enquette showed good directions for the efficient insurance system. In pursuit of transport efficiency, IMT has developed and its development accelerated the expantion of international logistics system. So the role of MTO becomes more important through the development of IMT. If the legal doctrine of MTO'S liability be clearly provided, the liability allocation between MTO and cargo owner will become efficiently and loss of, danage to or delay in delivery of the goods will be successfully covered by both liability insurance and cargo insurance. It is very hard to predict when the UN Convention will enter into force, but the Hamburg Rules have already come into force in 1992. In preparation for the entry into force of the UN convention based on the legal doctrine of the Hamburg Rules, the law, economy, international trade and insurance should be carefully studied. Especially, the effectuation of the UN convention will cause to widely influence international trade, so three main fields of international trade such as contract of international sale of goods, contract of carriage and contract of insurance should be studied carefully and continuously.