Note: Tug-boat owners were granted with maritime lien for unpaid service fee supplied to a time charterer

摘要

Tug-boat owners rendered tug services to a Korean flag vessel named "SUN RISE" ("Vessel") at the request of her time charterer while the Vessel was under time charter, but her time charterer did not pay the service fee. Tug-boat owners applied for a judicial sale of the Vessel to the Incheon District Court on ground that their tug-boat service fee is granted with a maritime lien under the Korean Commercial Code ("KCC"). A Judge in the same Court accepted the application and commenced a judicial sale. The Owner of the Vessel filed an objection with the Court, arguing that KCC grants maritime lien only when owner or bareboat charterer requested the service, but the service rendered to time charterer is excluded. Three Judges tribunal of the Incheon District Court affirmed the above argument of the Vessel's Owner, and it denied the applicants' argument that provisions for a bareboat charter party should be applied to a time charter party by mutatis mutandis.