국제해상운송에서 화물반출의 불법행위와 개선방안에 관한 연구

초록

This study analyzes recent case law (Supreme Court Decision 2024Da270860) concerning the customary delivery of cargo by freight forwarders, terminal operators, and bonded warehouse operators without payment. It aims to clarify the legal status and tort liability of parties involved in the final stage of cargo delivery and seeks improvement schemes to prevent unauthorized cargo release. The analysis of the case law reveals that the court ruled the destination freight forwarder's act of providing a copy of the Master D/O without verifying the importer's payment as a tort, as it facilitated the unauthorized release of cargo. Notably, the court expanded the scope of liability regardless of whether bonded transportation was involved. This ruling confirms that the Master D/O is merely an internal delivery instruction between the carrier and the freight forwarder, whereas the legitimate authority for delivery to the importer lies with the House D/O. Based on these findings, this study proposes the following improvement schemes to eradicate torts related to cargo release. First, relevant parties must execute cargo release based on the principle of verifying payment and document surrender rather than relying on custom; in particular, the freight forwarder must fulfill its role as the central entity responsible for payment verification. Second, the system-based release approval process should be strengthened by adding functions to current electronic logistics systems, such as COPINO, that cross-verify payment information and the surrender of the House D/O. Third, legislation regarding the Delivery Order (D/O) is necessary to clarify its legal nature, which currently relies heavily on practical customs and case law.

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