육상물건운송인의 책임

초록

Due to the argument for introducing limitation of liability on land carriers, a clause was stipulated to limit the liability of land carriers in the now-abrogated partial amendment to the Commercial Law. The clause, of course, limits carrier’s liability only when the land transport regulations apply based on a combined transport contract. The amendment does not apply to independent land transport contracts that have no connection to combined transport contracts. Therefore, if such an amendment were to be legislated, the rules on liability for damages would become a dualistic system where limitation of liability is applied in some cases and not in others. Unlike in air or maritime transport cases, damages that threaten the viability of the carrier rarely occur in land transport cases. Moreover, it goes against the rules of equity and rationality to acknowledge limitation of liability only in land transport related to combined transport cases and not in independent land transport cases. The Commercial Law does not stipulate that carrier’s liability cannot be mitigated by a special arrangement between the parties. Therefore, an agreement to mitigate the liability of a land carrier is often reached between companies involved in large transport deals. Acknowledging limitation of liability based on an arrangement between the parties does not cause major problems when there is a balance of power between the parties. In cases of small freight transport such as door-to-door package delivery service, limitation of liability is being applied in certain cases. There is a possibility that a contract that is disadvantageous to individual clients could be made. In order to prevent such cases, however, the Korea Fair Trade Commission has come up with a standardized agreement on package delivery, which is being adopted by most package delivery service providers. Accordingly, it is difficult to find case of abuse of limitation of liability. Therefore, it is unnecessary to introduce a rule on limitation of liability for both large transport contracts between companies and package delivery deals. There has been a discussion on the matter, but there seems to be no need to legislate laws on limitation of liability of land carrier.

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