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Commercial Act — Article 855 (Contracts by Charter Parties and Bills of Lading)

상법 제855조

This English translation is based on the Korean text effective 2018-12-19. The Korean law has since been amended (current version effective 2026-09-10) — check the Korean original.

(1) When requested by a charterer, a shipowner shall issue a bill of lading under Articles 852 and 853 after the receipt of cargo.

(2) When a bill of lading has been issued under paragraph (1), a shipowner shall be presumed to have received or loaded the cargo as stated in a bill of lading.

(3) When a third party has acquired a bill of lading in good faith, a shipowner shall have the rights and obligations of a carrier under Article 854 (2). The same shall also apply when a shipowner has issued a bill of lading to a third party at the request of a charterer.

(4) In cases falling under paragraph (3), a third party shall be deemed a consignor under Articles 833 through 835 and 837.

(5) In cases falling under paragraph (3), no special agreement to reduce or exclude any obligation and liability of a carrier in violation of Article 799 shall be made.[This Article Wholly Amended by Act No. 8581, Aug. 3, 2007]

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