선하증권상의 "적재부기"의 요건과 그 시사점에 관한 연구

A Study on the Requirements and Implications for "on Board Notation" on the Bill of Lading under Letter of Credit Transactions

  • 채진익 (공주대학교 경제통상학부)
  • 투고 : 2016.08.09
  • 심사 : 2016.08.26
  • 발행 : 2016.08.31

초록

This study is to review "on board notation" on a bill of lading under letter of credit transactions. A bill of lading is a type of document that is used to acknowledge the receipt of a shipment of goods. However, UCP 600Article 20 (a)(ii) requires the bill of lading to indicate that the goods have been shipped on board a named vessel at the port of loading stated in the credit by pre-printed wording, or an on board notation indicating the date on which the goods have been shipped on board. The shipped on board statement should relate to loading on board the named vessel at the port of loading stated in the credit. But it doesn't seem that the on board notation clause in the UCP 600 reflect current shipping practice fully because of the various kinds of on board notation and the confusion surrounding their use. There is a need to understand accurately the meanings and requirements of "on board notation" under UCP 600 and the related regulations. So, This paper will be studied the requirements and indication method of "on board notation" on the bill of lading and presented the practical implications under the bill of lading transactions. This study was based on documentary research including preceding research.

키워드

참고문헌

  1. 서정두, "국제관습상 Surrender B/L의 한계성에 관한 연구", 무역상무연구 제69권, 한국무역상무학회, 2016. 2.
  2. 이균성, 해상법판례연구, 제1판, 해운산업연구원, 1989.
  3. 채진익, 무역결제론, 제1판, 도서출판 두남, 2016.
  4. 대한상공회의소.한국금융연수원, 국제표준은행관행 ISBP 745, 대한상공회의소. 한국금융연수원, 2013.
  5. 서울중앙지법 2012. 11. 30. 선고 2012나32729 판결.
  6. 대법원 1984. 9. 11. 선고, 83다카1661
  7. 대법원 2005. 3. 24. 선고 2003다5535 판결,
  8. 대법원 2008. 2. 14. 선고 2006다47585 판결
  9. Andrle, Pavel, "Notation and multimodal transport documents", DCInsight, Vol 16 No. 1, January-March, 2010.
  10. Collyer, Gary, ICC's on board notation paper, DCInsight, Vol 16, No. 4, October-December, 2010.
  11. Erdemol, Haluk, "Is UCP language re on board notations sufficient?", DCInsight, Vol 15, No. 4, October-December, 2009.
  12. Lee,T.O., "Forwarders' bills of lading: the role of the document checker", DCInsight, Vol 17, No. 3 July-September, 2011.
  13. Lee,T.O., "On Deck Shipment and Shipped On Board Notations", DCInsight, Vol 17, No. 1, January-March, 2011.
  14. Ronai, Bob, "A Reply to T.O.Lee on Forwarders' bills of lading", DCInsight, Vol 17, No. 4 October-December, 2011.
  15. ICC, "Recommendations of the Banking Commission in respect of the requirements for an On board Notation"(Document No. 470/1128rev final), 22 April, 2010.
  16. ICC, "Five Banking Commission Opinion on UCP 600", DCInsight, Vol 15, No. 2, April-June, 2009.
  17. ICC, Commentary on UCP 600, ICC Publication No. 680, 2007.
  18. ICC Opinion TA 650rev., TA 679/ICC Opinion R.644 & R.648)