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옥선종,김정환 한국물류학회 2000 물류학회지 Vol.10 No.1
The current distribution requires multi quality goods but only produce little foods ~ frequency by the diversification and advancement of production marketing activities. Due to these factors, the increase of the distribution cost is th point at issue. Therefore, the korean government suggests unit load drive including palletization as a measure which increases distribution efficiency, and places emphasis on the importance of standardization. In addition, since 1993, with regard to the study on what kind of standardization should be formed, the korean government has reviewed this question : $quot;How should the standardization be made, and when?$quot;, and has took its course of the future standardization of distribution.
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定期傭船契約書에 있어서 休航的款에 관한 法律關係 : Produce Form을 중심으로 Produce Form
玉璿鍾 명지대학교 1984 明大論文集 Vol.15 No.-
The time charter party can be noting down dissimilarly from forms or contents by the agreement of parties concerned, because its mentioned articles or forms are not prescribed in the law of customs so as to voyage charter party. But like any other charter party form or contract form, time charter party should be separated two types between common articles we have been used and contents agreemented by parties concerned, moreover the former (common articles) has been used as a standard form between shipping agents and goods holders. Nowadays there are so many representative contract forms, namely, Uniform Charter Form (Baltime, 1939) formulated by the Baltic and International Maritime Conference, Time Charter Form (Produce Form, 1946) enacted by New York Produce Exchange, Japanes Time Charter Form (1959) and so on. Iam going to discribe specially about the off hire clause in Produce Form, it is as follows; <15. > That in the event of the loss of time from deficiency of men or stores, fire, breakdown or damages to hull, machinery or equipment, grounding, detention by average accidents to ship or cargo, drydocking for the purpose of examination or painting bottom, or by any other cause preventing the full working of the vessel, the payment of hire shall cease for the time thereby lost; and if upon the voyage the speed be reduced by defect in or breakdown of any part of her hull, machinery or equipment, the time so lost, and the cost of any extra fuel consumed in consequence thereof, and all extra expenses shall be deducted from the hire. Baltime Form is as follows; <Suspension of Hire, etc 11. > (A) In the event of drydocking or other necessary measures to maintain the effiency of the Vessel, deficiency of men or Owners' stores breakdown of machinery, damage to hull or other accident, either hindering or preventing the working of the vessel and continuing for more than twentyfour consecutive hours, no hire to be paid in respect of any time lost thereby during the period in which the Vessel is unable to perform the service immediately required. Any hir paid in advance to be adjusted accordingly. (B) In the event of the Vessel being driven into port or to anchorage through stress of weather, trading to shallow harbours or to rivers or ports with bars or suffering an accident to her cargo, any detention of the Vessel and/or expenses resulting from such detention to be for the Charters account even if such detention and/or expenses, or the cause by reason of which either is incurred, be due to or be contributed to by, the negligence of the Owners' servants. <Cleaning Boilers 12. > Cleaning of boilers whenever possible to be done during service, but if impossible the Charterers to give the Owners necessary time for cleaning. Should the Vessel be detained beyond 48 hours hire to cease until again ready. <Loss of Vessel 16. > Should the Vessel be lost or missing. hire to cease from the date when she was lost. If the date of loss cannot be ascertained half hire to be paid from the date the Vessel was last reported until the calculated date of arrival at the destination. Any hire paid in advance to be adjusted accordingly. The off hire does not mean a standing still, but a off hire, so as to a discontinnance of charter party. If the cause of discontinuance is based upon the hope or obligation of a ship's owner, a charterer should not need to pay charterage during the discontinued period. However if it is based upon the obligation of a charterer, even though that ship had not been used within that period, charterer has to pay charterage during the discontinued period. And in force majeure a ships´ owner has to act his own obligation by the agreement of parties concerned. The burden of ship's owner during the period of charter party is as follows; ① damages or sweeping to hull, merchinery or equipment ② collision, grounding, stranding and fire ③ inspection or examination ④ drydocking ⑤ mending or repairing ⑥ scheduled or periodical fumigation ⑦ boarding or leaving of a crew ⑧ strikes of a crew ⑨ any other accidents of ship The off-hire period is from occurence of a cause to restarting a service by recovery of ship, moreover this time also involves the time consumed by a deviation or extention of sailing service distance. During the period of off hire a charterer does not need to pay charterage, and a ship's owner has to be responsible to fuel or fresh water. With the exception of examination in time or periodical examination, if the time of off hire is within 12 hours or 24 hours by the agreement of parties concerned, a charterer must do payment charterage by continuing of charter party. In the event of damages or defects to hull. machinery or equipment, unsettlement weather, if extentin of time because of the fall of nautical speed is over than a due time, a charterer does not pay charterage and a ship´s owner has to be responsible to fuel or fresh water. But In this off hire clause of time charter, there are so many judical precedents in British, U.S.A., and other developed marine countries. In the off hire clause of Produce Form, there are several judical precedents having been passing judgment in the court of British and U.S.A., that is to say, it is as follows; ① a time lost ② net time lost or periodical time lost ③ a time reopening the payment of total charterage ④ incapability of partial services ⑤ a cause occuring before chartering period ⑥ deficiency of men ⑦ breakdown ⑧ detention by aveage accidents to ship or cargo ⑨ any other cause preventing the full working of the vessel ⑩ a cause happening by charterer's offense against obligation ⑪ some any other obligation during off-hire period ⑫ conditions of delivery time
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