• Korea Trade Review
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• v.42 no.2
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• pp.205-225
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• 2017

The study attempts to verify the case related to the notice of payment refusal by issuing bank regarding discrepancy in transport document under L/C(Letter of Credit) transaction. Considering the high portion of trade between Korea and China, Korean companies and banks in L/C transaction should be careful about many unpredictable situations. The case of this study is that Chinese seller(beneficiary) initiated a civil suit against Industrial Bank of Korea to Chinese court and Chinese courts in the first and second trials judged that the notice of payment refusal by Industrial bank of Korea doesn't satisfy Article 16, (c) (ii) (iii) in UCP 600. However, Industrial Bank of Korea implements the judgement even though the judgement is highly biased to Chinese seller. Considering the judgement by Chinese courts, the study suggests some countermeasures to Korean companies and banks which opened L/C. First, the issuing bank should describe the contents of discrepancy specifically based on Article 16, (c) in UCP 600. Second, it is necessary to insert a clause regarding governing law in the L/C contract like sales contract. Third, considering the biased judgement by Chinese court and difficulty in execution of foreign judgement in China, it is recommended to using arbitration as a method of dispute resolution such as ICLOCA and DOCDEX Rules which are international system operated by international instruments because it has legal effects to parties in L/C contracts if the issuing bank inserts arbitration clause in L/C.

• 월간 기계설비
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• s.35
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• pp.28-42
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• 1993

최근들어 우루과이 협상의 진전이 가사화됨에 따라 서비스업의 개방이 현실적인 사항으로 인식되고 있고, 서비스업으로 분류되는 건설업도 개방압력에 직면해 있다. 건설시장의 개방에 따라 가장 크게 우려되는 부분은 국내업체의 설계 및 엔지니어링 분야를 들 수 있으며 선진외국 건설업체와 비교했을 때 매우취약한 실정이다. 이에 대처하기 위해 설계 및 엔지니어링 기술을 육성시킬 수 있는 기술경쟁입찰 풍토를 조성할 필요성이 있으며 설계 및 시공단계의 상호조정을 통하여 공사수행을 보다 효율적으로 수행할 수 있는 일괄입찰제도의 확대운용은 필수적이라 하겠다. 따라서 본 연구는 국내 일괄입찰공사의 확대시행을 위한 현행 일괄입찰제도의 개선방향을 설정하고 일괄입찰제도 절차의 개선안을 제안하여 설계입찰자의 평가 및 낙찰자 선정에 대한 구체적인 개선안을 도출하고자 하였다. 이와 같은 개선방안의 마련을 위해 설문 및 면담조사가 실시되었으며 최종적으로 실무자들과의 총의회를 통하여 최종안을 제안하였다. 본 연구의 주된 내용은 일괄입찰공사유형의 제시, 사전자격심사, 입찰서류 및 입찰기간, 입찰자평가시 발주처참여, 낙찰자선정, 실시설계판정, 건축$\cdot$토목$\cdot$기계$\cdot$설비에 대한 새로운 평가체계 제시 등으로 요약할 수 있다.

• International Commerce and Information Review
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• v.7 no.1
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• pp.145-168
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• 2005

The International Chamber of Commerce (ICC) eUCP came into force on 1 April 2002. The eUCP is a supplement to the current existing Uniform Customs and Practice for Documentary Credits (UCP500), which governs the use of electronic presentation. The eUCP is not a revision of the UCP. It is a supplement intended to deal with situations where presentations are made electronically. That is to say, the eUCP is a supplement to the UCP that, when used in conjunction with the UCP, will provide the necessary rules for the presentation of the electronic equivalents of paper documents under letters of credit. The purpose of this paper is to study on the criterion of examination of electronic records under the eUCP.

• Proceedings of the Korean Society for Noise and Vibration Engineering Conference
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• 2014.10a
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• pp.102-105
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• 2014

In accordance with U.S. Nuclear Regulatory Commission regulatory guide(NRC RG) 1.20(Rev.3), we are writing a comprehensive vibration assessment program(CVAP) design control document(DCD) and a technical report for U.S. NRC design certification(DC) of an Advanced Power Reactor 1400(APR1400) nuclear power plant(NPP). CVAP of an APR1400 NPP for U.S. NRC DC is classified as a non-prototype category 1 type. Therefore, CVAP DCD of reactor vessel internals(RVI) and steam generator internals(SGI) consist of analysis and full inspection program. However, piping system of primary and secondary system will be described as measurement program.

• Journal of Digital Convergence
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• v.17 no.6
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• pp.201-209
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• 2019

Recently various start-up competitions have been held in the government, public and private sectors. There is a need to improve the business model of the majority of preliminary founders and early founders through the start - up contest, while improving the possibility of commercialization. The purpose of this study is to analyze the present status of various start - up contests based on the actual survey results of the major start - up contest operators and major participants in Korea. The main results of this study are as follows: First, in the run - up contest, there is a tendency to break out of the event personality, to prevent the opening of the business model of the entrepreneur in the competition, to reduce the formal procedure considering the input time, Improvement of the use of presentation materials, and the purpose of the contest and precise specification of the object of the recruitment. Secondly, it is necessary to establish a juror and a mentor pool with expertise. It is necessary to establish the judges and the mentor pool with expertise in each field, allocate the region according to the regional composition, entrust the judges with entrepreneurial experience, and introduce the post evaluation system for the judges after the competition. Third, most of the contest winners are manufacturing / technology-based businesses.

• Journal of Food Hygiene and Safety
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• v.34 no.1
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• pp.40-51
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• 2019

Ginseng has a unique production system that is different from those used for other crops. It is subject to the Ginseng Industry Act., requires a long-term cultivation period of 4-6 years, involves complicated cultivation characteristics whereby ginseng is not produced in a single location, and many ginseng farmers engage in mixed-farming. Therefore, to bring the production of Ginseng in line with GAP standards, it is necessary to better understand the on-site practices of Ginseng farmers according to established control points, and to provide a proper action plan for improving efficiency. Among ginseng farmers in Korea who applied for GAP certification, 77.6% obtained it, which is lower than the 94.1% of farmers who obtained certification for other products. 13.7% of the applicants were judged to be unsuitable during document review due to their use of unregistered pesticides and soil heavy metals. Another 8.7% of applicants failed to obtain certification due to inadequate management results. This is a considerably higher rate of failure than the 5.3% incompatibility of document inspection and 0.6% incompatibility of on-site inspection, which suggests that it is relatively more difficult to obtain GAP certification for ginseng farming than for other crops. Ginseng farmers were given an average of 2.65 points out of 10 essential control points and a total 72 control points, which was slightly lower than the 2.81 points obtained for other crops. In particular, ginseng farmers were given an average of 1.96 points in the evaluation of compliance with the safe use standards for pesticides, which was much lower than the average of 2.95 points for other crops. Therefore, it is necessary to train ginseng farmers to comply with the safe use of pesticides. In the other essential control points, the ginseng farmers were rated at an average of 2.33 points, lower than the 2.58 points given for other crops. Several other areas of compliance in which the ginseng farmers also rated low in comparison to other crops were found. These inclued record keeping over 1 year, record of pesticide use, pesticide storages, posts harvest storage management, hand washing before and after work, hygiene related to work clothing, training of workers safety and hygiene, and written plan of hazard management. Also, among the total 72 control points, there are 12 control points (10 required, 2 recommended) that do not apply to ginseng. Therefore, it is considered inappropriate to conduct an effective evaluation of the ginseng production process based on the existing certification standards. In conclusion, differentiated certification standards are needed to expand GAP certification for ginseng farmers, and it is also necessary to develop programs that can be implemented in a more systematic and field-oriented manner to provide the farmers with proper GAP management education.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.43
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• pp.117-142
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• 2009

The purpose of this paper is to examine the basic principles for the examination of documents in terms of the basic duty to examine the documents, the time allowed to the banks to examine the documents, linkage among the documents, the originality of documents and their issuers, and the rejection formula of documents. Further this author would look at the changes of particular transport document including bill of lading, charter-party bill of lading and so on. From the seller's perspective, the changes of the principles and individual documents under UCP600 are the most important in the sense that they affect the criteria against which the payment is made. The major changes include the omission of the phrase "with reasonable care", in terms of the basic examination principles, substitute the phrase "five banking days following the day of presentation" for the phrase "reasonable time, not to exceed seven banking days following the days of receipt of documents", introduce the new wording about the linkage between the documents tendered, and make clear the meaning of the originality of documents as well as the rejection formula. For transport documents, even though dealing with bill of lading, charter-party bill of lading, transport document covering at least two different modes of transport, freight-forwarder bill of lading and freight collect transport documents, this paper focuses on the "transhipment" of bill of lading and the definition of charter-party bill of lading. Thus, UCP has been changed several times to reflect the new banking customs and practice. It, however, would not answer every questions which users and banks will raise. These questions may be best answered in the particular underlying contract. The UCP are necessary but not a sufficient instrument for the smooth operation of an international trade transaction. The rules are now out: it remains to be seen what the players do with it.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.33
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• pp.91-118
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• 2007

In the transaction of credits, banks must examine the presentation to determine, on the basis of the documents alone, whether or not the documents appear on their face to constitute a complying presentation. And bank shall each have a maximum of five banking days following the day of presentation to determine if a presentation is complying. This period does not depend on any upcoming expiry date or last day for presentation. Data in a document, when read in context with the credit, the document itself and international standard banking practice, need not be identical to, but must not conflict with, data in i) that document; ii) any other stipulated document; or iii) the credit. When a bank determines that a presentation is complying, it must honour or negotiate. But, when a bank determine that a presentation does not comply, it may refuse to honour or negotiate. When a bank decides to refuse to honour or negotiate, it must give a single notice to that effect to the presenter. That notice must be given by telecommunication or, if that is not possible, by other expeditious means no later than the close of the fifth banking day following the day of presentation.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.50
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• pp.109-136
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• 2011

Bank Guarantee system is commonly used as useful financial instruments to support various overseas and domestic business activities by providing bank guarantees. Therefore, it will be able to develop as a useful socio-economic useful system. However, some procedural problem can arise from the processes under demands for payment. Therefore, it is very important to review the requirements of the demand for payment and compliance standard for the examination of a presentation under the guarantee system. It is necessary to examine main issues under the revised URDG 758. The URDG introduced the same examination principle of "need not be identical to, but shall not conflict with' as that of UCP 600. The main changes of the URDG 758 like this imply the mitigation of the compliance standard for examination. So, This paper is to provide a comparative study of the regulations and laws for the examination standard and propose their implications and practical notes under bank guarantee system. For this purpose, this study will be examined the practical and legal issues focusing on the relative regulations of the revision URDG 758. It will also be reviewed and compared with the URDG, ISP98, UCP 600 and so on.

• International Commerce and Information Review
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• v.7 no.4
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• pp.219-243
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• 2005

The Purpose of this Article is to analyze the examination criteria on the compliance of multimodal transport document in the ISBP. When the goods are taken in charge by the multimodal transport operator, he shall issue a multimodal transport document which, at the option of the consignor, shall be in either negotiable or non-negotiable form. The multimodal transport document shall be signed by the multimodal transport operator or by a person having authority from him. When the multimodal transport document is presented by the beneficiary to the bank in the letter of credit operations, the bank should examinate the bill of exchange and/or shipping documents, including multimodal transport document. There are two rules in connection with examination of the documents in the letter of credit operations. One is the "Uniform Customs and Practice for Documentary Credits(UCP 500)" approved by the Banking Commission in March 10, 1993, the other is the "International Standard Banking Practice for the Examination of Documents under Documentary Letters of Credits(ISBP)" approved by the ICC Banking Commission in October 2002. Therefore, this Article has studied the multimodal transport document presented under documentary credits on the basis of the UCP 500 and the ISBP it reflects.