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해사법원, 왜 부산인가?

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Set up maritime court, why should it be Busan?

정영석

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More than a decade ago, the necessity of establishing a maritime court in academia and legal circles has been steadily argued, and four bills have been proposed for the establishment of a maritime court in the 20th National Assembly and the 21st National Assembly. The judiciary knows that it is necessary to establish a maritime court, but it is not actively involved.This is because there are some shortages of conditions necessary for the establishment of professional courts, such as the lack of maritime cases. The establishment of the maritime court should not be seen as a matter of judicial demand only. Korea is equipped with a strong foundation of the shipping industry, which is the world's ninth largest trading power. However, as we can see from Hanjin Shipping's bankruptcy in 2016, our shipping industry has structural vulnerability. Today's shipping industry has developed further in the area of transportation industry and has developed into profit generation stage through profit generation due to ship ownership, freight futures trading, and M&A of shipping companies by private equity funds. The shipping industry is impossible without the development of brokerage industries such as shipping brokerage and financial brokerage along with the financial industry. The reason why the UK, which is behind Korea in terms of trade size and dominance fleet, still dominates the global shipping industry is because these brokerage industries are developing. In addition, ship trading brokerage and shipping brokerage are strong in international trade, so it is difficult to form a shipping market that replaces the UK unless maritime law services are supported.The establishment of the maritime court will play a role as an institutional infrastructure that will develop our shipping industry one or two levels and make Korea a global center of shipping industry. Assuming that more than 50% of the transaction volume is brokered in the transportation market that deals with ships built in Korea, the ship construction brokerage fee, cargo transportation brokerage fee, and legal service fee are estimated to be at least KRW 555.3 billion to KRW 1.112 trillion. In addition to direct profits, the effect is very large compared to the cost of establishing the maritime court when considering the economic ripple effect that occurs when it is incorporated into the global center of shipping and shipping transactions and the advancement of our shipping industry. In addition, if the ultimate purpose of establishing a maritime court is to make Korea a global center of shipping industry and to advance our shipping industry and strengthen our competitiveness, the position of maritime court should be considered mainly in marine cities. It is not argued that Busan, which can be internationally branded as a global center of shipping shipbuilding industry, should be considered first.

목차

Ⅰ. 머리말
Ⅱ. 발전단계로 본 우리나라 해운산업의 과제
Ⅲ. 글로벌 해운·조선시장 동향
Ⅳ. 부산의 해운·조선산업의 동향
Ⅴ. 해사법원 부산설립의 필요성과 해운비즈니스산업의 활성화로 인한 효과
Ⅵ. 맺음말
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저자정보

  • 정영석 Cheong, Yeong-Seok. 한국해양대학교 해사법학부 교수

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