• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.51
• /
• pp.263-283
• /
• 2011

There are two typical international rules in issuing guarantee for obligations of party which is responsible to provide some duties such as services, construction, plants, loan repayment, etc. The two internationally recognized rules are currently ISP98 and URDG758. ISP98 was firstly introduced in 1998 for American banks to issue standby letter of credit domestic and overseas for the area where UCP does not cover. URDG was introduced first in 1991 in the name of URDG458 but it has not been widely used and therefore new URDG named URDG758 came out in 2010 to accommodate more standard guarantee practice. At the face of these two prevailing international rules, the users are sometimes confused which rule would be more suitable for their individual transaction. This led us to conduct a comparative analysis on these two rules. Our study suggests that URDG758 is more adequate for construction, ship-building and plants-supply obligations whilst ISP98 is for financial obligations. Also attentions are required when issues such as counter guarantee, governing rule, presentation period, document examination period and default statement exist. This is because ISP98 and URDG758 have different view points.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.59
• /
• pp.137-157
• /
• 2013

The Electronic Trade Finance not only has with the trait which is simple procedures, low cost but also easier access to using statistics compare to formerly paper based system. In Korea, all of trade finance system will be changed to electronic base by February 2014. The purpose of this research finds the using status and problems of the electronic local L/C and electronic purchase certificate, and suggests several improvements. First, the whole trade finance system should improve in terms of simple procedures, especially small and medium companies can use the system sufficient maximum limit. Second, the organizers, KTNET, KITA etc, need to the new electronic trade finance system promote to customers and training program for early settlement. It also has to manage at an unified system between IT and tex authorities. Third, small and medium size companies still think the charge for using high, so it need to make a resonable charge for using the electronic system to persuasive extent reasonable about it.

• International Commerce and Information Review
• /
• v.18 no.2
• /
• pp.53-82
• /
• 2016

This article begins that previous literatures of South Korea's paperless trade differ from those of other developed countries' paperless trade. Some scholars in South Korea have studied on the relevance of documentary credit in the paperless trade and operability of electronic documentary credit. But Some other scholars in other developed countries have studied about e-customs and e-air logistics. As a result, The current situation of South Korea's paperless trade differs from that of other developed countries' paperless trade. The South Korea's paperless trade has tried to achieve the operation of electronic documentary credit as well as e-customs through the establishment of Korea Trade Network(KTNET) and Customs service's Single Window known as Uni-pass. and other developed countries's paperless trade has made an effort to develop an e-customs and e-air logistics through customs service's Single Window. So, this article describes the current status and characteristics of South Korea's paperless trade and next, this article aims to find out the obstacles and countermeasures in the operation of South Korea's paperless trade. Therefore this paper provides a clear understanding of the problems and solutions associated with South Korea's paperless trade.

• KOREAN POULTRY JOURNAL
• /
• v.12 no.8 s.130
• /
• pp.92-97
• /
• 1980

불과 몇년전 까지만 해도 감히 우리가 상상도 하지 못했던 일이 근년에 와서 우리에게 일어나고 있다. 계란이 자유롭게 수입되고, 닭고기가 일본 등 외국으로 수출이 되며, 종계는 수입만 하는 것으로 알았는데 금년들어 20여만수가 수출될 것으로 보여지고 있다. 실용계(cc)는 40여만수씩 한번에 신용장이 래도하여 오고 있다. 이제 양계산업의 국제화 시대가 본격적으로 열리려 하고 있어 본지는 우선 세계 주요국의 무역동향을 게재한데 이어(본지 6월호 140p) 금년도 세계 각국의 가금육과 계란의 생산 및 무역 동향예칙을 미국의 유력지 휘드-스타프에서 발최 게재한다.

• International Commerce and Information Review
• /
• v.4 no.2
• /
• pp.13-26
• /
• 2002

본 논문에서는 eUCP에서 전자자료 제시의 기준과 심사기준을 중심으로 연구하였다. 전자자료 제시의 장소, 제시의 방법에 대한 기준과 제시시기 및 전자제시에 대한 인증에서 발생하는 문제점을 제기하고 심사기간의 기준과 하이퍼링크방식의 전자자료에 대한 심사기준, 훼손된 전자기록에 대한 심사기준을 분석하였으며, 전자가록의 거절의 방법과 그에 대한 응답에 관련된 내용을 분석하였다. 전자제시의 문제점으로서 표준양식의 문제, 전자제시자의 면책의 문제, 환어음 유통성의 문제, 서류 심사기간, 인증기관과 방법에 관한 문제에 대하여 분석하여 해결방안을 제시하였다.

• Proceedings of the Korean Society of Grassland Science Conference
• /
• 1998.04a
• /
• pp.9-21
• /
• 1998

IMF(국제통화기금)체제 하에서는 우리나라 경제의 모든 분야가 정도의 차이는 있으나 어려움을 겪고 있다. 외환부족과 환율상승으로 빚어진 금융위기가 UR 협상의 파고보다 더 거칠게 산업전반에 영향이 미치고 있으며, IMF협정(1997. 12. 3)이후인 지난해 12월에는 외환사정으로 한때 국내 사료업체들이 원료수입을 위한 연지급 수입신용장(Usance L/C)을 개설하지 못하여 사료원료 수입이 전면 중단되고, 환율상승으로 사료가격이 이미 36%나 인상된 바 있다.(중략)

• Journal of Arbitration Studies
• /
• v.15 no.2
• /
• pp.93-123
• /
• 2005

As the international commercial transaction has drastically grown up with the mainland China, commercial disputes that are required to settle through ADR have tremendously increased during the last decade. Since China has not been fully exposed to the Free World for a long period of time, there would have been a great amount of misunderstanding about their competency and integrity to deal with internationally oriented commercial transactions with a view to internationally acceptable manner. This arbitration case was related to the contract in dispute of C&A Inc. as the importer v. China XX Importation Co. as the exporter for the sale of Silicon Metal. But after the contract were formed, exporter(respondent) declined to deliver the goods under the contracts because the market price of Silicon Metal increased according to the argument of the importer(claimant). Importer had to purchase alternative goods from other companies to substitute for the goods subject to the contracts in dispute. Importer purchased silicon metal of the same quality as under the contracts from two other Chinese companies as the necessary measure to mitigate the loss, paying prices higher than the contract price. Since exporter had breached the contracts, importer's loss should be compensated by the exporter as the Arbitration Tribunal decided for supporting importer's claim of loss for the substitute goods. This study is aiming at analyzing the rationale of the arbitral awards made by the Shanghai Commission in terms of (l)Place of Arbitration, (2)Applicable Law, (3)Validity of the Contracts, (4)Doctrine of Frustration, (5)Responsibility for the Mitigation of Damage by the Importer.

• Journal of Arbitration Studies
• /
• v.16 no.1
• /
• pp.277-314
• /
• 2006

This article aims at analysing the reality of banks' liability resulting from the breach of contract on its part to keep the business secrecy with the supplier in the transferable credit, focusing on a English decision, Jackson v. Royal Bank of Scotland [2005] UKHL 3. In this case, the applicant, 'Econ', had purchased various varieties of pre-packed dog chews in bulk through 'Sam'(lst beneficiary) from 'PPLtd'(2nd beneficiary) in Thailand, using a transferable letter of credit issued by 'RBank'. 'Sam' charged a tremendous amount of mark-up on each transaction and it had not been disclosed to 'Econ', although the identity of 'PPLtd' was revealed to 'Econ' by various documents. However, 'RBank' made an unfortunate error to send an completion statement and other documents including 'PPLtd.'s invoice to 'Econ' instead of to 'Sam'. The effect of the Bank's error was to reveal to 'Econ' the substantial profit that 'Sam' was making on these transactions. CEO of 'Econ' was furious and, as a result, decided to cut 'Sam' out of its importing system and terminated their relationship. 'Sam' sued 'RBank' for damages to recover the loss of profits which could have been possibly made, if the information on the mark-up would not have been exposed to 'Econ'. The House of Lord held that 'RBank' was in breach of its duty of confidence, so 'Sam' was entitled to recover damages on a decreasing scale over 4 years, since there was no specific undertaking from the letter of credit.

• Journal of the Korea Computer Industry Society
• /
• v.2 no.10
• /
• pp.1339-1348
• /
• 2001

This study is directed to compare the payment systems between conventional and internet, under international commerce. A stable and secure payment system is necessary for the progress of e-business through the internet. There are three typical methods of payment system in conventional transactions; the letter of credit(L/C) basis, the collection basis and the remittance basis. The exporter prefers L/C basis because of authentic payment, financial convenience and reduced risk Buyers and sellers who have enjoyed long creditable relationships use carefully the collection basis. The remittance basis is adequate for small amount payment for sample. In this paper, the merits and demerits of electronic payment system are compared to the conventional payment one. Internet payment system has an advantage of speed-up in payment against the conventional, but has a limited usage in the area of consumer based(B to C) transaction. The conventional payment system has been becoming overwhelm electronic payment one in the business to business(B to B) area.

• Journal of Arbitration Studies
• /
• v.22 no.3
• /
• pp.119-139
• /
• 2012

In the case of Banque Paribas V. Banco Santander in England for the reimbursement request of deferred payment credit by the nominated bank, the L/C-issuing bank refused to pay the proceeds at maturity because of a fraudulent transaction. The reason of refusal was that the nominated bank, Banco Santander, had no right of payment in deferred credit before its maturity if it made payment of proceeds without notice to the issuing bank, that is, payment not based upon a credit transaction but on its own account. However, in the case of ADIB V. Fortis Bank in America, the New York court made the decision that the deferred payment bank could not refuse to reimburse to the nominated bank, Fortis Bank, because of fraud. Its decision was based on the UCP600. We have analyzed and investigated the above two cases-one was an English court's decision and the other an American's. The English court's decision was made under UCP500, but the American court's was made under UCP600, which was revised in 2007. As a result, we can expect that from now on in deferred payment credit transactions, the power of the nominated bank will be greater than before, but the issuing bank will bear the risk of the beneficiary's fraud, so the issuing bank will be hesitant to issue deferred payment credit. Notwithstanding, we thought that the New York court decision would come into effect in the activation of deferred payment credit in practical trade transactions.