해상법상 무선박운송언(NVOCC)의 법적 지위 = Study on Legal Status of Non-Vessel-Operating Common Carrier under the Maritime Law

다국어 초록 (Multilingual Abstract)

The definition and act of a freight forwarder and NVOCC is described by government of various countries differently, The legal obligations to government. clients and public vary from country to country for an NVOCC and a freight forwarder. The NVOCC means Non - Vessel Operating Common Carrier. ``Non-vessel-operating common carrier`` means a common carrier that does not operate the vessels by with the ocean transportation is provided, and is a shipper in its relationship with an ocean common carrier. Namely, a shipment consolidator or freight forwarder who does not own any vessel, but functions as a carrier by issuing its own bills of lading or air waybills and assuming responsibility for the shipments. Activities between a NVOCC and a freight forwarder are similar to each other except some differences. An NVOCC need not be an agent or partner of a freight forwarding company, where as a freight forwarding company can act as a partner or agent for an NVOCC. Basically speaking, NVOCC acts a ``contractual carrier oshipper`` and ``shipper to actual carrier``. Recently, the question is thus whether the phrase operation of the ship is confined to action relating to navigation/management of the ship operations or the operation of the ship includes commercial operation, not whether the words in any of the clauses relied upon are sufficient to excuse misdelivery of the goods after discharge. To what extent is it necessary to limit or modify the operation of the ship? Does NVOCC act as a virtual carrier and accepts all liabilities of a carrier legally, in certain areas of operation? In this article let us discuss about the problems of legal status of NVOCC.