CMI 해상물건운송법안에서의 운송서류 등의 전자화 -전자시대의 운송계약법-

다국어 초록 (Multilingual Abstract)

The CMI-UNCITRAL Draft Instrument on Transport Lawcontains some provisions on the contract of carriage of goods by sea, which is concluded entirely or partly paperless(in electronic form).The Draft Instrument works, whether the transport contract is on paper or in electronic form. Chapter 2 of the Draft Instrumentprovides Electronic Communication. According to 2. 1, anything that is to be or on a transport document in pursuance of this Instrument may be recorded or communicated by using electronic communication instead of by means of the transport document, provided the issuance and subsequent use of an electronic record is with the express or implied consent of the carrier and the shipper. This provision lays down the general principle of equivalence between electronic and paper communication and emphasizes that parties involved in the transport contract may agree that they communicate electronically. For details, Draft Instrument 2. 2. 1 to 2. 4. Further the Draft Instrument contains some provisions of Transport Documents and Electronic Records(Chapter 8), e. g. the issuance of the transport document or the electronic records(8.1). According to 8. 1 of the Draft Instrument, upon delivery of the goods to a carrier or a performing party (i) consignor is entitled to obtain a transport document or, if the carrier so agrees, an electronic record evidencing the carrier`s or performing party`s receipt of the goods, (ii) if pursuant to article 2. 1 the carrier and the shipper have agreed the use of an electronic record, the shipper is entitled to obtain from the carrier a negotiable electronic record unless they have agreed not to use a negotiable electronic record or it is the custom, usage or practice in the trade not to use one. For further details, Draft Instrument 8. 2 to 8. 4. 3. The program of the Bordeaux CMI Colloquium June 2003 informs previously not only that specific technologies currently used in the maritime community will be discussed but also that the session of trade and transport law in the electronic age will prepare for the discussions to take place in 2004 at 38th CMI Conference in Vancouver particularly for those of the members who are less knowledgeable about the legal implications of electronic contracts of carriage. We should set up and take notice of the tendency of the Draft Instrument to provide for theamendment of the Korean Maritime Law(Commercial Code Part V).