A Comparative Study Of Legal System On Arrest Of Ship Between China And Korea

, Since the establishment of formal diplomatic relationship between China and Korea, the personal exchanges and commercial trade have become increasingly active in many respects of political, economical and cultural field, etc. Particularly with the growing of maritime transportation, at times legal disputes have occurred in maritime affairs and admiralty contracts, which finally would be reached arrest of ship in order to collect receivables.The ship originally belongs to movable assets, but due to her characteristics, the ship is regarded as real estate and used to be a tools for collecting receivables. Especially arrest of ship is the most important and typical method of securing maritime claim. Recogizing the distinct characteristics, specialty and international factor in maritime suits, China had legislated "Special Maritime Procedure Law" which substantially referred to "International Convention on Arrest of Ships,1999" and established exclusive jurisdiction by China maritime court in maritime suits.Meanwhile, Korea did not yet accept "International Convention on Arrest of Ships,1999" which have entried into force since14th,Sept.2011. Just in accordance with civil execution act, general court executes arrest of ship without distinction of maritime claim and general receivables.Like this, even though two countries belong to the continental legal system, there are several differences and similarities in arrest of ship legislative and legal enforcement system between China and Korea, also some problems exist in present arrest of ship schemes.Therefore, this paper with comparative study about arrest of ship systems between China and Korea, studied arrest conditions and procedure, its effects and systemic problems and suggested alternative actions for improving arrest of ship legal systems: making amendments of relating legislatives and establishment of maritime procedure law and maritime court in Korea.