(A) comparative study on carriage of goods by sea between Vietnam law and Korean law

다국어 초록 (Multilingual Abstract)

Maritime transport services constitute a leading sector that supports the expansion of world trade in light of the fact that world seaborne trade has continued to increase steadily over the last decades despite the intervening economic fluctuations. Especially, the carriage of goods by sea plays important roles in international trade because goods are to be transported from a seller in one place to a buyer in another place. Both of Vietnam and Korea are also developing maritime sector in respect of carriage of goods by sea in recent years.
In this paper, I had comparative research on the contract for carriage of goods by sea under Maritime Law of Vietnam and Korea. My method of study is that provisions of Vietnam law on contract for carriage of goods by sea on content are shown first in each and then Korean law on carriage of goods by sea are explained.
Chapter One is the part of introduction. The author firstly points out the necessity and significance of selecting the issue of carriage of goods by sea as the topic for the study, and introduces the research background, content and method.
Chapter Two is overview of Vietnam Maritime Code and Korean Maritime Law. It is introduced by all of chapters in Vietnam Maritime Code and Korean Maritime Law.
Chapter Three is main sources and scope of application of Vietnam Maritime Code and Korean Maritime Law. The legal aspects of sources of law and scope of application is also important since it will provide a background to the main problem.
Chapter Four is a comparison between Vietnam law and Korean law on carriage of goods by sea which have been seen as distinctive and fairly diverse. This is a main part of this paper. A result of comparison will give a broader perspective to the problem, but it will serve as a guideline when analysing and discussing Maritime law of both countries.
Chapter Five addresses court system and arbitration on maritime dispute resolution. In this section, the author shows two main ways to resolute dispute of maritime, which are court and arbitration system of Vietnam and Korea.
Chapter Six is the part of conclusion in which the author summaries on the whole of this paper and shows some suggestions for improvement for Vietnam law and Korean law and some important points necessary for thinking in the future.

목차 (Table of Contents)

• Acknowledgements i
• Abstract ii
• 초록 iv
• Table of Contents vi
• Chapter I. Introduction 1
• 1.1 The Puzzle and Main Focus of the Paper 1
• 1.2 Theoretical Analysis and Methods of Study 2
• Chapter II. Overview of Vietnam Maritime Code and Korean Maritime Law 5
• 2.1 Vietnam Maritime Code (hereinafter VMC) 5
• 2.2 Korean Maritime Law 14
• Chapter III: Main Source and Scope of Application on Carriage of Goods by Sea under Vietnam Law and Korean Law 20
• 3.1 Main Source 20
• 3.1.1 Under Vietnam Law 20
• 3.1.2 Under Korean Law 23
• 3.2 Scope of Application 24
• 3.2.1 Under Vietnam Law 25
• 3.2.2 Under Korean Law 26
• Chapter IV. A Comparison between Vietnam Law and Korean Law on Carriage of Goods by Sea 27
• 4.1 General 27
• 4.2 Contract of Carriage of Goods According to Carriage Documents 27
• 4.2.1 Notion and Formation of the Contract 27
• 4.2.1.1 Under Vietnam Law 27
• 4.2.1.2 Under Korean Law 28
• 4.2.2 Bill of Lading 29
• 4.2.2.1 Under Vietnam Law 29
• 4.2.2.2 Under Korean Law 30
• 4.2.3 Obligations, Liabilities and Rights of Parties in the Contract 31
• 4.2.3.1 Under Vietnam Law 31
• A. For the Carrier and Actual Carrier 31
• AA. Obligation and Liability 31
• BB. Actual Carrier 32
• CC. Carriage of Dangerous Cargo 33
• DD. The Carrier’s Right 34
• * Remarks in Bills of Lading 34
• * Freight in Case of Loss of Cargoes 35
• EE. Time Bar 35
• FF. Some Other Provisions Relating to the Carrier’s Liability 36
• * Exemption of Liability of Carriers (Art.78) 36
• * Limitation of Liability of Carriers (Art.79) 38
• * Loss of the Right to Limitation of Liability of Carriers (Art.80) 39
• B. For the Consignor, Consignee and Shipper 39
• 4.2.3.2 Under Korean Law 41
• A. For the Carrier and Actual Carrier 41
• AA. Obligation and Liability 41
• BB. The Actual Carrier 44
• CC. Carriage of Dangerous Cargo 44
• DD. Package Limitation 45
• EE. Compulsory Provision 46
• FF. Time Bar 47
• B. For the Consignor, Consignee and Shipper 49
• 4.3 Voyage Charter Party 51
• 4.3.1 Notion and Formation of the Contract 51
• 4.3.1.1 Under Vietnam Law 51
• 4.3.1.2 Under Korean Law 52
• 4.3.2 Obligations, Liabilities and Rights of Parties in Voyage Charter Party 53
• 4.3.2.1 Under Vietnam Law 53
• A. For the Carrier 54
• B. For the Charterer 57
• 4.3.2.2 Under Korean Law 60
• A. For the Carrier 60
• B. For the Charterer 62
• 4.4 Time Charter Party 64
• 4.4.1 Definition and Contents 65
• 4.4.1.1 Under Vietnam Law 65
• 4.4.1.2 Under Korean Law 67
• 4.4.2 The Obligations and Rights of Parties in the Time Charter Party 68
• 4.4.2.1 Under Vietnam Law 68
• A. For the Shipowner 69
• B. For the Charterer 69
• 4.4.2.2 Under Korean Law 71
• 4.5 Bareboat Charter Party 73
• 4.5.1 Definition and Legal Nature 73
• 4.5.1.1 Under Vietnam Law 73
• 4.5.1.2 Under Korean Law 74
• 4.5.2 The Obligations of the Shipowner and Charterer 75
• 4.5.2.1 Under Vietnam Law 75
• A. For the Shipowner 75
• B. For the Charterer 75
• 4.5.2.2 Under Korean Law 77
• 4.6 Multimodal Transport Contract 77
• 4.6.1 Definition and Concerned Regulations 77
• 4.6.1.1 Under Vietnam Law 77
• 4.6.1.2 Under Korean Law 81
• 4.6.2 The Practice of Multimodal Transport 84
• 4.6.2.1 In Vietnam 84
• 4.6.2.2 In Korea 87
• 4.7 Slot Charter Party 88
• 4.7.1 Under Vietnam Law 88
• 4.7.2 Under Korean Law 88
• 4.8 A Contract of Affreightment (COA) 89
• 4.8.1 Under Vietnam Law 89
• 4.8.2 Under Korean Law 89
• Chapter V. Court and Arbitration System on Maritime Realm 91
• 5.1 Court System 91
• 5.1.1 Vietnamese Court System 91
• 5.1.2 Korean Court System 93
• 5.2 Arbitration System 95
• 5.2.1 Vietnamese Arbitration System 95
• 5.2.2 Korean Arbitration System 98
• Chapter VI: Conclusion 102
• 6.1 Summary of Discussion 102
• 6.2 Suggestions for Improvement for Vietnam and Korean Law 104
• 6.2.1 Vietnam Maritime Code 104
• 6.2.2 Korean Maritime Law 105
• Bibliography 108
• List of Tables 112
• Appendix 113