• Title/Summary/Keyword: 전자선화증권

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A Study on the Designation System of Registration Authority of Electronic Bill of Lading in Korea (한국 전자선화증권 등록기관 지정제도에 관한 연구)

  • Choi, Han-Byul;Choi, Seok-Beom
    • International Commerce and Information Review
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    • v.16 no.1
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    • pp.227-245
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    • 2014
  • It was ten yeas ago that Bolero Bill of Lading was been introduced on the base of efforts of UN and CMI to solve the crisis of Bill of Lading, but Electronic Bill of Lading is not utilized in practice owing to the problems to be settled. Bolero Bill of Lading is not in widespread use owing to absence of collaboration model between Bolero and e-Trade service providers in each nation in the early stage. In the situation that Bolero Bill of Lading is not utilized in practice, Korean Commercial Law regulates the designation of the registration authority of Electronic Bill of Lading. Therefore, the Minister of Justice designated KTNET as Registration Authority of Electronic Bill of Lading and KTNET opened the e-B/L Korea (www.eblkorea.or.kr) to provide the Electronic Bill of Lading service to domestic trade community. But there is many problems in supplying the Electronic Bill of Lading service by the e-B/L Korea in compared with Bolero Bill of Lading. These problems are related with the characteristics of designation of Registration authority of Electronic Bill of Lading. Therefore the purpose of this paper is to contribute to the activation of Electronic Bill of Lading domestically by studying the designation of Registration authority of Electronic Bill of Lading in Korea and finding the characteristics of the designation and the issues and problems regarding the characteristics.

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Precedents Analyses Related to Surrender Bill of lading and Practical Notes (권리포기 선화증권의 판례분석과 실무적 유의사항)

  • Choi, Seok-Beom
    • Korea Trade Review
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    • v.42 no.2
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    • pp.53-76
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    • 2017
  • To solve the crisis of bill of lading, every effort has been made to introduce the electronic bill of lading and sea waybill on a global basis. In spite of these efforts, electronic bill of lading is not introduced practically so farm but sea waybill is used in western nations to cope with the crisis of bill of lading. But there is a practice that surrendered bill of lading is used insead of sea waybill in Korea, China and Japan to do so. The surrendered bill of lading faces the problem that it is not considered legally as bill of lading and the decisions rendered by each nation's courts are different according to the usages of surrendered bill of lading. So careful consideration must be made in regard to these decisions. The purpose of this paper is to avoid the disputes in advance in using the surrendered bill of lading by analyzing the precedents for the surrendered bill of lading and finding its notes. This paper analyzed the precedents regarding the surrendered bill of lading and found the notes as follows; Firstly, the surrendered bill of lading is not a kind of bill of lading but a practice that a consignee can take delivery of the cargo without loss of time at destination without redemption of original bill of lading. Secondly, the parties must take legal steps in using the surrendered bill of lading as the bill of lading acts cannot apply to the surrendered bill of lading. Thirdly, the parties should establish their practice in using the surrendered bill of lading. Fourthly, it is reasonable to use the sea waybill as a substitute for the surrendered bill of lading.

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A Study on the BOLERO Project in the Electronic Commerce System (전자상거래체제하에서의 BOLERO Project의 고찰)

  • 전순환
    • The Journal of Information Technology
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    • v.3 no.1
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    • pp.155-175
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    • 2000
  • Electronic commerce has already existed for over 20 years. In sectors such as retail and automotive, electronic data interchange(EDI) for application-to-application interaction is being used regularly. For defence and heavy manufacturing, electronic commerce life-cycle management concepts have been developed that aim to integrate information across larger parts of the value chain, from design to maintenance, such as CALS(Computer Assisted Life-cycle Support or Computer Aided Logistics Support). Bolero's mission is to provide guaranteed and secure delivery, in electronic form, of trade documentation, globally, based on a binding legal environment and common procedures. Bolero will also provide a platform for provision of neutral cross-industry services.

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A Study on the Comparison of the Main Substance in the UCP and eUCP (UCP와 eUCP의 주요내용 비교에 관한 연구)

  • Choi, Seok-Beom
    • International Commerce and Information Review
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    • v.4 no.1
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    • pp.39-57
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    • 2002
  • 전자신용장통일규칙에 대한 그 동안의 논의는 주로 UCP500과는 별도로 새로운 통일규칙을 제정하여야 한다는 논의와 기존의 UCP500내에서 전자서류에 대한 내용을 새로이 추가하여야 한다는 논의였다. 그러나 궁극적으로 UCP500의 경우 종이서류를 근거로 하여 내용을 규정하고 있기 때문에 전자신용장거래에서의 전자제시에 대하여 적용할 수 없었다. 이러한 점에서 UCP500에서는 전자무역거래에서 사용되고 있는 기본 개념조차도 수용되어 있지 않고 있는데 예를 들면, 전자서명, 전자서류 또는 전자기록에 대한 내용이다. UCP가 안고 있는 이러한 문제의 소지를 사전에 해결하기 위하여 ICC에서 eUCP를 제정하였다는 점에서 큰 의의가 있다고 할 수 있다. 이와 같이 본 연구는 eUCP의 도입배경을 선화증권의 위기문제와 연관시켜 조명하고 eUCP의 주요내용을 살펴보고 이를 UCP500의 규정과 비교하여 봄으로써 UCP500과 유기적으로 사용될 eUCP의 이해를 제고하여 향후 발생될 당사자의 분쟁을 사전에 방지하고자 하는 것이 그 목적이다.

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A Study on the Nature of the Electronic Letter of Credit Transaction and the Presentation of the Documents (전자신용장의 본질과 서류의 전자제시에 관한 연구)

  • Choi, Seok-Beom
    • International Commerce and Information Review
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    • v.2 no.1
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    • pp.67-95
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    • 2000
  • Owing to the Boero Service, Global Trading will be materialized as international Business to Business E-Commerce. There are three principles in the letter of credit transaction, that is to say, independence and abstraction, document dealing, strict compliance. In the electronic letter of credit, these principles are called as independence and abstraction, electronic document dealing, strict compliance. As a joint venture between SWIFT and TT Club, bolero.net is changing the way the world trades by providing a web-based, paperless mode of commerce that is designed to become a global standard. As bolero.net supplies the service of the title registry resolves the problem of Electronic Bill of Lading, the electronic letter of credit will be easily introduced. Thus, this study deals with the Nature of the Electronic Letter of Credit Transaction and the Presentation of the Documents, in particular, the Bolero Bill of Lading.

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A Empirical Study on the Obstacles to the Adoption of Electronic Bill of Lading - Focusing on the Bolero Bill of Lading - (전자선화증권 도입의 장애요인에 관한 실증적 연구 - 볼레로 전자선화증권을 중심으로 -)

  • Choi, Seok-Beom;Kim, Tae-Hwan;Choi, Gwang-Don
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.30
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    • pp.27-58
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    • 2006
  • The purpose of this study is to identify key obstacles to the adoption of electronic bill of lading and to suggest an effective way to promote the utilization of electronic bill of lading in international trade field. This study finds that all the respondants have not used 'true' electronic bill of lading that is issued and distributed electronically, and most of them agreed the needs of e-B/L adoption, but their intentions to adopt e-B/L remain very low in the present situation. Five obstacles to the adoption of e-B/L were derived from an explanatory factor analysis: 'integration' factor, 'law institution' factor, 'usability' factor, 'economic efficiency' factor, and 'security' factor. Solutions to promote the utilization of e-B/L in international trade field are as follows; Firstly, to endow e-B/L with the legal force through amending relevant laws including the commercial law. Secondly, to conclude the relevant international agreement, and to carry out joint projects between nations are needed. Thirdly, to conduct publicity campaigns is required to increase the understanding of the concepts and benefits of e-B/L to all concerned parties. Fourthly, stable and reliable system must be constructed with high level security. Fifthly, to readjust the service fee of e-B/L system to a realistic level is to be needed in order for user companies to use e-B/L service.

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Reassessment on the CMI Rules for Electronic Bills of Lading (전자선화증권(電子船貨證券)에 관한 CMI 규칙(規則)의 재조명(再照明))

  • Choi, Myung-Kook
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.54
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    • pp.235-260
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    • 2012
  • The CMI Rules for Electronic Bills of Lading were based on sound principles that are now reflected in the provisions of the Rotterdam Rules, which provide for the use of electronic equivalents to bills of lading. Services involving bills of lading which exist in electronic form for at least part of their lives, and which use encryption to guarantee integrity and security of these electronic records, are already being offered by a number of carriers, among them APL. The relative success of APL's system demonstrates that the use of a system which embodies the basic ideas and processes underlying the CMI Rules could easily become a practical reality in the near future. The basic principles in the CMI Rules and the Rotterdam Rules adopt a minimum requirements approach and does not flesh out the details of procedures for the use of electronic bills. This is an improvement, as it allows adaptability to future technological developments. Successful electronic bill of lading systems can only be developed in response to customer demand, and carriers are in the best position to gauge this and design systems to cater for it. APL has demonstrated this by creating a system which is tailor-made to its customers' requirements. The CMI Rules were correct in their assumption that electronic bill of lading services should be provided by carriers. They also seem to have anticipated that the switch to the electronic medium would not be sudden and complete, but would require a gradual phasing out of paper documents over a long period of time.

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