자율운항선박의 도입에 따른 선하증권의 개선방안에 관한 연구

Hyeon Kyun Lee, Unho Lee

研究成果: Contribution to journalArticle査読

抄録

Bill of lading has long played an important role in international maritime transport and trade as a negotiable document that entitles its holder to claim delivery of goods from a carrier. Issuance of a bill of lading and delivery of the goods against the bill of lading are the carrier’s main obligations under a contract of carriage. In fact, the operation is usually fulfilled by the master of a ship who is actually engaged in carriage of goods by sea. Authorized by the carrier, the master is to issue a bill of lading and to deliver the goods to the holder of the bill of lading. The Korean Commercial Code allows the carrier to authorize such duties while delegating the master as a principal agent to deliver the goods in relation to the surrender of a bill of lading.
This kind of master’s role cannot be expected in the carriage of goods by an autonomous vessel. It is because the master’s role, in the case of autonomous vessels, is depreciated as the autonomous level of navigation increases – which is the aim of the autonomous operation without any assistance of the master or crew aboard. The absence of a master is bound to bring about changes in the business and practices related to the operation of a bill of lading, and it is thus inevitable to revise some of the existing provisions under the Commercial Code that deal with the role of the master of a traditional ship. It is also necessary to discuss the role and responsibilities of the onshore controller who remotely manages the operation of autonomous vessels.
This paper first explores the concept and development of autonomous vessels in order to discuss the legal status and scope of an onshore controller, who may cover the role of a master for autonomous vessels. Whether or not an onshore controller can substitute shipmaster's role in dealing with a bill of lading, to what extent it can substitute, and who else should be preferred to take such a role other than the onshore controller will be the key questions to be tackled – this will lead us to deduce what kind of changes will be brought about to the practice of bill of lading in the new environment of using autonomous vessels. Based on this, this paper aims to discuss how to revise the Commercial Code provisions on the operation of a bill of lading with the introduction of autonomous vessels. Furthermore, this paper deepens the discussion by focusing on the aspect of promoting the use of electronic bill of lading with the introduction of autonomous vessels.
寄稿の翻訳タイトルA Study on the Improvement of Bill of Lading Law and Practice with the Introduction of Autonomous Vessels
本文言語その他
論文番号4
ページ(範囲)119-148
ページ数30
ジャーナルAdvanced Commercial Law Review
87
出版ステータス出版済み - 7 2019

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「자율운항선박의 도입에 따른 선하증권의 개선방안에 관한 연구」の研究トピックを掘り下げます。これらがまとまってユニークなフィンガープリントを構成します。

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