Multimodal transportation has been providing the service which be essential factor for both SCM(Supplier Chain Management) and Logistics that Modern society required more and more. Multimodal Transport Operator(MTO) has been performing the role as the agent of transportation that should assume responsibility throughout the entire process of transportation.
This study was intended to investigate the scope of responsibility in the standard clause of cargo insurance practically used in the transportation contract under the situation which there is no uniform domestic or international laws and regulations required the responsibility of MTO. And intended to find the way to apply practical affairs from a business perspective.
The system of multimodal operators' liabilities can take three approaches: the Uniform Liability System, the Network Liability System, and the Flexibility Liability System. On the one hand, these three systems are identical in that the Liabilities are concentrated on one multimodal operator throughout the course of carriage even if there is concealed damage to the goods. On the other hand, these systems are fairly different in the case that the point where damage to the goods occurs can be identified. The uniform liability system applies the same rule to damage to the goods throughout the course of carriage, whereas the network liability system applies the specific rule on a section in which damage occurs.
The flexible liability system, provided in the United Nations' Convention on Multimodal Transport, primarily adopts the uniform liability system; however, the liability limit is regulated by the rule specified on a section in which damage to the goods occurs.
The current study recommends that the Korean government amend the Commercial Law by adding the provisions of overland and air transports as well as oversea transport, legislate for multimodal transport, and formulate a policy not only to nurture expert manpower of multimodal but also to support multimodal transport enterprises.
As the natures of the transportation contract between Customer and MTO is prejudiced by the character of injustice, if the rules which balanced for liability of both parties be made under negotiation/agreement among the Association of customer, parties concerned and MTO, the authorities concerned, the achievement of fair and effective system of transportation contract would be made. At least the offical contract type approved by which has the clause of responsibility to cover damage for respective contract to meet Multimodal Transportation would reduce the argument between customer and MTO.