COVID-19에 따른 SAJ 선박건조계약상 관련 불가항력 조항 적용 가능성에 대한 연구

Abstract

Domestic shipyards should consider risk factors such as infectious diseases such as COVID-19, MERS, etc., currency exchange rate changes, global economic plunge, war, and strikes in the course of completing new ship building related to individual projects as new projects such as eco-ship, the emergence of Maritime Autonomous Surface Ships, the installation of offshore wind turbines, and the complexity of marine unmanned vehicles under IMO 2020. Therefore, the shipowner and the shipyard, which are key parties to the ship building contract, must carefully examine the scope, subject and conditions of the force majeure clause to prepare for future risks. However, officials from shipyards, finance, shipbuilding and marine equipment companies, law firms, and academia, which are linked to the new shipbuilding orders, have conducted considerable reviews of toxic clauses related to shipping or offshore platform construction contracts in the past, but have not conducted relatively in-depth research on the provisions of Force Majeure. It also fails to process or specify that, in the event of unforeseen circumstances, such as COVID-19, There is a legal difference in the scope of granting exemption from contractual liability by Force Majeure, depending on whether the governing law is continental or common law. Therefore, this study attempts to analyze the applicability of the Force Majeure Clause in the Contract of the SAJ through a legal review of the Force Majeure Providence Clause contained in the SAJ, which applies the Strict Liability principle of the Contract under the common law. And by analyzing the legal issues between the shipowner and the shipyard related to COVID-19, the company tries to find the risks and improvements that domestic shipyards will bear in the future.