• 무역상무연구
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• 제36권
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• pp.29-46
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• 2007

The fraud exception rule allows for the issuing bank to dishonor the claim if it the documents and transactions bear fraud though the documents presented are complied with the terms and conditions of the letter of credit. A question arises whether the fraud exception rule can apply to innocent beneficiary when fraud is made by 3rd party. United City Merchants v. Royal Bank of Canada showed a good example how to handle in case of innocent beneficiary. At this case House of Lord found that innocent beneficiary deserves payment applying nullity exception rule. I believe that the nullity exception rule is employed for the benefit of innocent beneficiary as far as the issuer and applicant get no actual damage by the 3rd party's fraudulent action which is shown on documents.

• 한국중재학회지:중재연구
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• 제9권1호
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• pp.233-263
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• 1999

The issuing bank performs an important role than any other parties concerned in letter of credit transaction. Nonperformance of obligation by the issuing bank frustrates whole letter of credit transaction and makes serious effect on both beneficiary and applicant. The purpose of this paper is to analyze the nonperformance of obligation by the issuing bank and to present some problems and countermeasures. For this purpose, the author examines five kinds of cases on nonperformance of obligation by the issuing bank ; improper honor relating to examination of documents, improper honor not relating to examination of documents, improper dishonor relating to examination of documents, improper dishonor relating to handling procedure of documents, and improper dishonor not relevant to letter of credit transaction.

• 무역상무연구
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• 제13권
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• pp.605-630
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• 2000

A letter of credit plays very important roles in rational and smooth international trade. But the parties to letter of credit transactions can bring about many troubles and losses in such transactions because of ignorance and limits of their rights and responsibilities. The purpose of this study is to analyze a legal position of confirming bank and limits of responsibilities of the confirming bank on the UCP and authoritative decisions by ICC. I attempts to analyze a legal position of confirming bank and limits of responsibilities between the confirming bank and the contract parties at the documentary credit transactions on the basis of theoretical, lawful, and international transactions.

• 무역상무연구
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• 제13권
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• pp.563-579
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• 2000

Until July 1, 1996, no international rules, other than the simple practices contained in the UCP 500 have existed for the processing of bank-to-bank reimbursements. At last, ICC Uniform Rules for Bank-to-Bank Reimbursements under Documentary Credits(Pub. No. 525) have been published on July 1, 1996. Our country have adopted the URR 525 on August 1996. But in view of the present number of countries adopted the URR 525, I think our country is very impetuous. In order to comprehend the URR 525 correctly, this study is carrying out to clarify the legal principles on reimbursements among issuing banks, nominated banks, unauthorized banks. Secondly, this study is carrying out indicate the background of establishing, the main contents, the approval and the criticism of URR 525. Finally, this study is carrying out to point out the matters that demand special attention about the operation of URR 525

• 무역상무연구
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• 제13권
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• pp.495-513
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• 2000

In this paper, I examined the terms of letter of credit and standard for examination of documents. In connection with the test of standard, I reviewed the bank's reasonable care, inconsistence and linkage between documents, non-documentary conditions and the treatment of discrepant documents. Traditionally credit law is founded on two principles such as the standards of strict of compliance and substantial compliance, but these standards are not consistency. Moreover although the Uniform Customs and Practice for Documentary Credits(UCP) introduces a new standard for examination of documents by incorporating international banking practice, the standards for documentary compliance have created ambiguity. Accordingly, I suggest that the standard requires strict compliance between party concerned in letter of credit transactions but only requires international standard banking practice in customer relationship. Therefore the standard and the specific guideline should be prescribed in the next version of the UCP.

• 무역상무연구
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• 제12권
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• pp.495-518
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• 1999

Since the end of World War II, the standby letters of credit have been used as a surety device, serving as a performance bond and guarantee in the world. In Korea, the standby letters of credit have been also being used in international transactions. But there have been a few studies on the standby letters of credit. This study is carrying out to reveal the characteristics of the standby letters of credit and the documentary letters of credit and also between the standby letters of credit and guarantees. Secondly, this study is carrying out to indicate types of practical use of standby letters of credit in international transactions, i.e. bid bonds, performance bonds, advanced payment guarantees etc.. Finally, this study is carrying out to indicate governig rules regarding standby letters of credit, i.e. URCG, URDG, UCP, UN Convention on Independent Guarantees and Standby Letters of Credit, ISP etc..

• 통상정보연구
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• 제7권3호
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• pp.97-111
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• 2005

This paper object is application of electronic Customers Relationship Management(e-CRM) for buyer This paper focuses on the possibility of the adaption of Escrow system in Local L/C opening and payment. The purposes of this study are to obtain efficiency and stability of Local L/C and to provide opportunity to accept trust of the transaction parties. The results of the study show that Escrow system is recommended when Local L/C opened, because Escrow system has the following merits: (1) Open system of internet can be used to Local L/C process. (2) Transaction process of Escrow system is very simple. (3) One stop transaction can be applied to all the process of local L/C.

• 무역상무연구
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• 제20권
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• pp.317-341
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• 2003

The publication International Standard Banking Practice for the Examination of Documents under Documentary Letters of Credit (ISBP) is the product by a task force of the ICC Banking Commission. The ISBP is a practical complement to UCP 500, ICC’s universally used rules on documentary credits. The ISBP does not amend the UCP. It explains, in explicit detail, how the rules are to be applied on a day-to-day basis. It fills a needed gap between the general principles announced in the rules and the daily work of the documentary credit practitioner. By using the ISBP, document checkers can bring their practices in line with those followed by their colleagues worldwide. The result should be a significant reduction in the number of documents refused for discrepancies on first presentation.

• 한국정보처리학회:학술대회논문집
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• 한국정보처리학회 2019년도 춘계학술발표대회
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• pp.194-196
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• 2019

컨소시엄 블록체인은 허가된 멤버로 구성된 여러그룹이 하나의 원장을 공유한다. 이때 하위멤버의 트랜잭션 및 멤버 인증은 블록생성에 참여하는 신뢰된 노드로부터 유효성을 검증받는다. 따라서 컨소시엄 블록체인의 그룹 간 멤버의 트랜잭션 공유는 Privacy문제를 야기한다. 본 논문에서 컨소시엄 블록체인에서의 privacy를 위해 익명신용장기반의 익명프로토콜을 제안한다. 본 제안 방식은 다중블룸필터를 이용하여 긍정오류율을 높이고 효율적으로 검색하도록 한다. 또한 Blind Signature를 통해 컨소시엄 멤버간 메시지에 대한 익명성을 보존하면서 인증에 대한 서명은 유지하도록 한다. 결과적으로 컨소시엄 멤버 간 Privacy를 보존하면서 인증 트랜잭션을 블룸필터의 다중패턴으로 검증하여 컨소시엄 블록체인에서의 익명프로토콜(Anonymous protocol)을 제안한다. 이로써 컨소시엄 블록체인에서의 신뢰기반의 서버 시스템의 확장과 privacy 향상을 제공한다.

• 무역학회지
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• 제46권2호
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• pp.93-106
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• 2021

This study analyzes trade communication methods by comparing and analyzing payment methods and procedures of L/C and BPO transactions. As a result of the study, BPO transaction is validated based on the combination results of the confirmed baseline and data set unlike the L/C transaction. Therefore, BPO is superior to L/C transaction in that there is no confrontation between the parties over the matching results. And it can proceed with certain transaction that is paid first and proved later. In addition, the process of accepting data mismatches results in a confirmation of the payment commitment considering the intention of the importer. This allows flexible disposition of documents in response to the post payment situation as long as the documents are held by the exporter, which can be said to be superior to the L/C transaction.