Are you familiar with the Hebei Spirit ruling controversy here in Korea?
A foreign registered tanker was found legally at anchor in a Korean harbour on the west coast when struck by a rogue barge owned by Korean chaebol Samsung in 2007. Local judical rulings have repeatedly found fault with the tanker management company and under local Korean criminal codes of shared responsibility has imprisoned the Captain and first mate since the incident.
Many Maritime Law agencies are critical of the Korean courts decision.
Would this be a good example of governing laws venue and local clause disparities? Would examination of the delivery contract for the tanker company reveal any attornment to Korean legal judgements?
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