선박집행상의 몇 가지 문제점과 개선방안에 관한 고찰 -선박 압류 및 가압류를 중심으로- = A Study on the Proposals of the Some Legal Issues relating to the Ship Enforcement of the Korean Civil Enforcement Law -Focusing on the Ship Attachment and Ship Arrest-

다국어 초록 (Multilingual Abstract)

The Ship enforcement of maritime claims in the Korean legal system is regulated according to the forced sale acts of real estate in the Civil Enforcement Law. The Korean Civil Enforcement Law reflects only the legal aspects of the ship to provide ship enforcement acts in the Korean Law. But it does not reflects the ship`s roles and prices as the main assets of the ship company. The pre-litigation procedure and enforcement procedure are very important for the maritime claimants to secure maritime claims. This paper deals with the analysis of the provisions relating to the Ship Enforcement of the Korea Civil Enforcement Law to suggest some proposals to revise the provisions of that Law. The procedures of the ship enforcement are different between the civil law countries and the common law countries. The ship arrest could be permitted in respect of any claims arising from the ship owner in the Civil Law Countries. But, the ship arrest could be permitted only in respect of the specific maritime claims having maritime nature in the Common Law Countries. The principle that ship arrest should be permitted only regarding to the maritime claims had been adopted by many countries from civil law countries to common law countries which ratified the 1952 Arrest Convention. This paper suggest four proposals regarding to the ship enforcement law as following; Firstly, Jurisdiction of the Ship Arrest and Jurisdiction on the Merits. It is suggested that the International Jurisdiction clause on the ship arrest should be provided in the Korean Ship Enforcement Law or other related law. Secondly, it is suggested that Korea should ratify the 1999 Ship Arrest Convention in the near future so as to restrict the scope of the maritime claims which can do arrest ships. Thirdly, When in the case of a charter by demise of a ship the charterer and not the registered owner is liable in respect of a maritime claim relating to that ship, the claimant may arrest such ship or any other ship in the ownership of the charterer by demise, subject to the provisions of the Arrest Convention. So this paper suggests that the Korean Civil Enforcement Law should accept those provisions of the Arrest Convention. Fourthly, this paper suggests that the Korean Civil Enforcement Law should provide an arrested ship may be released on the lodging of adequate security such as bank guarantee and P&I club bond.