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A Review on Problems and Improvements in the Commercial Act for Multimodal Transport - With Special Reference to the amendment in 2015 of the Commercial Act -

  • Journal of International Business Transactions Law
  • Abbr : IBT
  • 2016, (15), pp.93-120
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law > Private Law > International Commercial Transactions Law

Park Eunyoung 1

1한밭대학교

Candidate

ABSTRACT

Multimodal transport combined with various modes of transportation is widely used in the international trade. In Korea, however, there is only one provision regarding the liability of multimodal transport operator in the commercial act, so it is not sufficient to resolve complicated legal relations of multimodal transport. The Korean Government, therefore, announced the prior announcement for legislation on the amendment of commercial act, and submitted a bill to the National Assembly. With detailed rules of multimodal transport, the amendment is subject to establish a legal predictability and stability among parties in transport contracts, and institutional base for the development of logistics industry. Specifically, the amendment in 2015 sets up rules for the liability limits for land transport as well as the significance and liability of multimodal transport operator. When it comes to the land transport rules and the liability of multimodal transport whose characteristics were non-mandatory and vague respectively, the amendment makes them more peremptory. Moreover, it also lets the provision for liability of willful misconduct on multimodal transport operator apply to transport operators, employees or agencies, so that carriers and customers could predict it rationally. Still, the amendment of commercial act has a variety of problems. First, while it provides transport of railroad, road, inland waterway and harbor transport all as the inland transports, international transport conventions such as CMR, COTIF-CIM and CMNI distinguish each mode of transport respectively. Next, there is no definite standards whether the loading, unloading or temporary stockings are belongs to pre-transportation or post-transportation. Besides, not only are the rules for liabilities of transport operator likely to be misused, but also the decision for willful misconduct of carriers mainly depends on the court’s due to the lack of detailed rules for it. To make things worse, when stage of the transport which the damage occurred cannot be defined precisely, the transport operators take an accountability for the maximum distance or fare, which does not regards as appropriate. Therefore, this article examines problems of existing commercial act with respect to multimodal transport and main points of the amendment in 2015, and suggests complements for them as well.

Citation status

* References for papers published after 2022 are currently being built.