국제 항공화물 운송계약 당사자의 법률관계에 관한 연구: 국제물류주선업자의 지위를 중심으로

Abstract

Nowadays, international freight forwarder can important roles in the international air cargo transportation. The purpose of this study is present on the legal relationship of the party of contract of international carriage of cargo by air which focused on the legal status of the international freight forwarder. An international freight forwarder has four different kinds of legal status in korea. First, they can role as the pure definition of the freight forwarder which they have status of a shipper as a party to the carriage contract in this cases. Second, they are acts an agent of the shipper, which they are no relation to air carrier and not as a party of the contract. The party of contract of carriage are the shipper, and the international freight forwarders will according to order of shipper in this case. Third, they are acts an agent of the air carrier, and which called forwarder consolidation who perform all the service such as arranging for consolidation or relation of logistics and delivery of the goods. They are not immediately a party to the contract of carriage but they have as the status of air carrier and plays from the receipt of the goods to delivery with a consignee. Fourth, they are acts as the contracting carrier who as a party to the contract of carriage, undertaking the responsibility for the period of carriage upon issuing AWB as the air carrier. They are issuing the HAWB to an actual shipper and they are receives the MAWB from an actual carrier, therefore they have must a break bulk agent to delivery of carriage goods by air in the arrives area. In conclusion, they are must considering to the different of duty and liability of the legal status not only as the freight forwarder but also as the contracting carrier.