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A study on Problems of Charterparty for Tug & barge Ship which Employed in Marine Construction and its Systematic Improvement Plan
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 Title & Authors
A study on Problems of Charterparty for Tug & barge Ship which Employed in Marine Construction and its Systematic Improvement Plan
Jang, Yeong-Jun;
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 Abstract
In general, a regular charterparty form is used as a charterparty for tugboats which are employed in marine construction and a bareboat charter form is generally used for barge boat charterparty. As the tug-barge charterparty which are currently used do not have a standardised form, contracting parties arbitrarily decide on the terms and conditions of the contract. As a result, provisions of the charterparty usually do not specify in the contract which party bears the burden of liability in case of accident. Furthermore, the terminologies used in the charterparty are different from legal terms of current commercial law which causes confusion. These problems can be solved mostly by clarifying the legal character of the charterparty between the contracting parties and by conforming the terminologies. In addition, endeavour to standardise the contract form must be carried forward at the same time. This research purports to study actual condition of current charterparty for tug-barge ship which are employed to marine construction and to suggest systematic improvement plan. For this purpose, this research focuses on studying cases in which dispute arose due to lack of clarity in the provisions of the contract with regard to which party bears the burden of liability in case of accident. This research also purports to suggest forming the standardised contract terms of the charterparty as one way of solution and examine matters to be attended in writing a standardised form.
 Keywords
Marine construction;Regular charterparty;Bareboat charterparty;Voyage charterparty;Tugboat;Barge;Standardised contract;Contracting parties;
 Language
Korean
 Cited by
 References
1.
Kang, Nam-ho(1996), Legal Knowledge of Maritime Law, Chungrim Publishing co., Ltd.

2.
Kim, In Hyeon(2011), "Maritime Law"(Edition No.3), Bubmunsa co. Ltd.

3.
Park, Yeong-bok(1995), "Notice of Recent Contract Law", View of the modern civil, Gyeongsang National University Law Institute, p. 456.

4.
Park, Yeong-bok(1999), "Overview of the German civil law", Judicial administration No.1999-12, p. 22.

5.
Seo, Dong-hee(2007), "Practice Maritime Law.Maritime Insurance", Bubmunsa co. Ltd.

6.
Korean Maritime Safety Tribunal, "Attribution and restructured Improvement and Leasehol example, barge line fishing operations offshore accident"(Publication No. 11-1192251-000002-01).

7.
Korean Maritime Safety Tribunal Restructured No.2007-12, "Sinking of Tugboat Taekwang".

8.
Korean Maritime Safety Tribunal Restructured No.2008-18, "Contact events of Tugboat Kukje No. 1, Kukje No. 5 with barge Hyundai Royal No.10001 and No.1 Jindo Bridge".

9.
Supreme court of Korea 2003.8.22. Sentenced 2001다 65977 Judgment.

10.
Supreme court of Korea 2008.8.21. Sentenced 2007추80 Judgment.

11.
Supreme court of Korea 2010.4.29. Sentenced 2009다 99754 Judgment.