Comparative Study On The System Of Arrest Of Ships Between China And Korea

A vessel has characteristic of sailing abroad to many ports of the world, so maritime disputes have also international facts. Especially, owing to China and Korea's geographical proximity and current of globalization, vessels' entry into or departure from the two countries occurs frequently, to cause many kinds of disputes relating to maritime casualties or marine transport in the areas. For international dispute, it is advisable to settle the dispute by negotiation and amicable settlement, but if it is impossible, a party may have no choice but to consider relying on a lawsuit or arbitration like. But due to vessel's sailing characteristic, it is not easy for a maritime claimant to settle the dispute by raising a lawsuit. When he raise a lawsuit and obtains a fixed judgment with no vessel, it will often be a waste of time and be also impossible to execute the judgment for the vessel. Therefore, a maritime claimant in advance has to consider the possibility of future's execution of judgment before raising a lawsuit. To preserve the execution, it is one way to let the debtor render security by arresting the vessel. To reach the purpose of this study, it took the following ways;Firstly, the field of study on arrest of ships is widely concerned with maritime law (commercial law), civil procedure law, international procedure law, private international law etc. Accordingly this thesis will focus on the regulation on arrest of ships for preservation of maritime claims, which is regulated in Maritime Procedure Law of PRC and Civil Execution Law of Korea, to talk over creditor's exercise of right and debtor's remedy, to introduce way of application, to analyze interpretation problems of the regulation, to reach a resolution. Secondly, though the arrest of vessel is main topic for the maritime claimant, there is still not enough for the case study, so this thesis will explain the system combined with legal and practical problems. Incomplete parts still exist in this thesis, but this writer possibly hope that it is to be read by the parties concerned and will be helpful to understand the system of arrest of ship of both countries.