• 한국항해학회지
• /
• 제19권4호
• /
• pp.41-61
• /
• 1995

The international trade is basically founded on the contract of international sale of goods and backed up by the contract of international carriage of goods and the contract of insurance in the goods carried. For the efficient development of international trade, it is essential to incorporate the above three fields closely together. Economic growth has developed international trade which has accelerated the development of international carriage of goods. As a result of rapid expansion of international carriage of goods, rationalization of transport was required, which has brought about the International Multimodal Transport System(herein after referred to as 'IMT') through containerization. International multimodal transport system has affected international trade a lot, especially the field of insurance a great deal. The aim of this paper is to analyze contents of Multimodal Transport Operator's(MTO's) liability system in the UN Convention on International Multimodal Transport of Goods, 1980 and FIATA Bill of Lading(FBL) as one of current Multimodal Transport Documents. The analysis of MTO's liability system will be a good introductory concept for the further study of insurance problems for the development of IMT.

• 한국전자거래학회지
• /
• 제6권3호
• /
• pp.81-99
• /
• 2001

The world is now meeting the era of e-commerce by development of information technology and the fast increase of use of internet. So, Korean government prepared "the colligation plan for electronic commerce activating" and WTO decides to prolong no custom on e-commerce till November 2001 when the fourth WTO Ministerial Conference holds a meeting. OECD discussed the construction of intellectual property rights of the global dimension at the Global Forum on January 2001 and reached to research the social influence of B-to-B e-commerce and to pursue the acceleration of e-commerce. UNCITRAL(United Nations Commission on International Trade Law) enacted UNCITRAL Model Law on Electronic Commerce in order to activate e-commerce, and Bolero.net serves electronic Bill of Lading to facilitate cyber trading. The purpose of this paper is to present the direction of confrontation to the these internal and external changes of business environment to Korean enterprises. Off-line enterprises should move fast to e-commerce on the condition that the existing trading at the original markets runs parallel with e-commerce. n needed, off-line enterprises should consider M&A with existing on-line firms. Also, off-line firms make use of Bolero system so that they can carry through paperless trade which means the achievement of efficiency in trading, On-line enterprises should advertise in the form of banner by combination of push and pull styles. B-to-B e-commerce firms should not depend on only the commissions, but they should create characteristic earnings by their peculiar services.

• 무역상무연구
• /
• 제49권
• /
• pp.359-378
• /
• 2011

UCP600 Article 20 (a) (v) states that contents of terms and conditions of carriage will not be examined and Article 34 states that a bank assumes no liability or responsibility for the general or particular conditions stipulated in a document. From this perspective, banks may seem to have no obligation to examine the pre-printed clause of B/L. However, ICC decided that no opinion could be given in relation to the issues surrounding B/Ls that contain delivery clauses. Accordingly, it is agreed by previous cases and some scholars that banks may refuse the B/Ls that contain delivery clauses which are not present in other B/Ls of the same goods and transport routes. Also, ICC published ICC Decision in July 2010 regarding on board notation. In this decision, if a B/L indicates a place of receipt that is different from the port of loading and there is an indication of a means of pre-carriage, then a dated on board notation will be required indicating the name of the vessel and the port of loading. Therefore, banks may,, in some cases, need to scrutinize the pre-printed clauses especially appearing in the front page of B/Ls.

• 무역상무연구
• /
• 제38권
• /
• pp.71-96
• /
• 2008

Letters of Credit are the most common method of payment for goods in the export trade, and banking practice relating to letters of credit is standardised by the Uniform Customs and Practice for Documentary Credits, which are a set of rules issued by the International Chamber of Commerce. The current version is UCP 600, which took effect on July 1, 2007. To assist the practitioners of Documentary Credits, the KCCI(Koea Chamber of Commerce and Industry) authorised a new publication-Official Commentary on UCP 600. This new publication added the word "official" in the title. In order to being an official commentary, the terms and expression should be correct and unified. But there is some problems in official commentary and legal phraseology. The problem was appeared that ICC UCP 600's were translated into Korean UCP 600 version. For example, "Issuing Bank", "Applicant", "Port of discharge", "A date of pick-up", "Shipper's load and count", "Courier Receipt", "Charter Party", "Bill of Lading", "Cover Note", "Exclusion Clause", "Insurance Certificate", "Declaration, Underwriter". If can be used 'Official Commentary on UCP 600', the above statements should be a compliment though take a wide professional opinions or held a public hearings. The Purpose of this paper is to point out the problems and substitute the term used and unify the expression in official commentary.

• 무역상무연구
• /
• 제74권
• /
• pp.55-79
• /
• 2017

The Rotterdam Rules introduces new issues that have been ignored by previous international transport conventions. Among them, provisions on delivery of goods have been a much debated topic as it deviate from well established principles. Rotterdam Rules provides several alternatives in order to resolve uncertainty regarding delivery practice. The carrier have to make a resonable effort to deliver the goods following the required procedure which is different from transport document issued. Where the goods are not deliverable, the carrier could discharge from its obligations to deliver the goods when he deliver the goods by delivery instruction of shipper. In addition, he can take actions reasonably required according to circumstances if it is impossible to deliver the goods. These alternatives are not ideal, but they seem to be partly helping to solve practical problems arising in the process of delivery. However the delivery regime under the Rotterdam Rules could cause confusion in the traditional delivery principle. On the other hand, it puts a new burden on the parties concerned. In conclusion, the parties concerned should consider practical implications in issuing and transferring transport document as well as requesting and instructing delivery of goods.

• 정보학연구
• /
• 제7권2호
• /
• pp.77-92
• /
• 2004

전자무역은 종래의 서류거래 대신 EDI나 인터넷 등 컴퓨터 네트워크를 이용하여 전자적 데이터 메시지를 송수신하여 종래의 무역거래방식에 컴퓨터와 정보통신기술을 결합시킨 새로운 형태의 무역거래를 말한다. 따라서, 본고에서는 무역결제 및 무역운송을 중심으로 무역거래의 전자화 현황을 살펴본 향후 전자무역의 활성화 방안을 제안하고자 한다.

• 무역상무연구
• /
• 제6권
• /
• pp.11-51
• /
• 1993

This study is focused on the problems and the suggestions of proper ideas for solving them which are arisen from appling CIF, Incoterms 1990 into the contract of sale after reviewing of the contents of traditional CIF contract and the main changes of CIF, Incoterms 1990. This study summerized as follows: First, when the seller provide the buyer with non-negotiable sea waybill or inland waterway document instead of negotiable bill of lading, it is my feeling that the essence of symbolic delivery in traditional CIF contract is fading. And if the buyer has paid for the goods in advance, or a bank wishes to use the goods as security for a loan extended to the buyer, it is not sufficient that the buyer or the bank be named as consignee in a non-negotiable document. This is true because the seller by new instractions to the carrier could replace the named consignee with someone else. To protect the buyer or the bank it is therefore necessary that the original instructions from the seller to the carrier to deliver the goods to the named consignee be irrevocable. Second, CIF term can only be used for sea and inland waterway transport. When the ship's rail serves no practical purposes such as in the case of roll-on/roll-off or container traffic, CIP term instead of CIF term is more appropriate to use. Third, the EDI method still contains many legal and technical problems to be solved in order to be used thoroughly' in the international sale of goods. Therefore, the parties wishing to replace the traditional paper-based trade documents by electronic messages must exchange the agreement on EDI each other in order to prevent and sol ye unexpected problems. Forth, it may be that the goods are to be carried in bulk without such marking or naming of consignee as would amount to appropriation. Then the risk will not pass until effective appropriation has been made. Therefore, the seller needs to appropriate by issuing of separate bills of lading or delivery orders for parts of the bulk cargo. And in case the goods are bought while they are carried at sea, some problems on the passing of risk would arise. One possibility is that the buyer might have to assume risks which have already occured at the time when the contract of sale is entered into force. The other possibility would be to let the pissing of the risk concide with the time when the contract of sale is concluded. The parties are advised to ascertain the applicable law and any solution which might follow there form. Finally, Incoterms are restricted to deal with the main principles for the division of functions, costs and risks between the parties and the rest is left to their individual contract as supplemented by the custom of the trade, the individual terms of the contract of sale and the applicable law. Thus, the parties are advised to ascertain the applicable law on their individual contract of sale in order to solve the problems on the transfer of property, the remedy and so on.

• 무역상무연구
• /
• 제41권
• /
• pp.103-132
• /
• 2009

In international sales of goods, the buyer must pay the price for the goods as required by the contract and CISG, The buyer's this obligation includes taking such steps and complying with such formalities as may be required under the contract, which includes providing the seller with relevant letter of credit through the issuing bank. Where the parties have not stipulated the time limit within which the credit should be opened, but there is an agreed date or period for shipment, the time limit for the L/C opening should be calculated back from the agreed date of shipment or the first date of shipment, while, in addition, the buyer should open the L/C sufficiently earlier than the shipment date in order for the seller to be able to know the L/C's opening before beginning to ship the goods. The L/C provided the buyer should conform to the contract of sale. Therefore, for example, when an unconfirmed L/C is provided violating the agreement or the L/C opened states that, under a FOB contract, a "freght prepaid" bill of lading shall be presented as a required document of the L/C, the buyer has failed to perform his obligation. If the buyer fails to perform his obligations to provide the letter of credit, the seller may require the buyer to perform that obligation; may fix an additional period of time of reasonable length for performance of the obligation; or, the seller may declare the contract avoided, if the failure amounts to a fundamental breach of contract, or if the buyer does not, within the additional period of time fixed by the seller, perform the obligation; and the seller claim damages. However, when a relevant L/C has been issued for the seller, as a rule, he cannot ask directly for the buyer to pay the price before avail himself of the L/C first.

• 무역상무연구
• /
• 제57권
• /
• pp.35-60
• /
• 2013

The Incoterms which is one of the most useful international instrument for sale of goods provides when a contract goods deliver, risk passes and how costs are allocated between seller and buyer on the contract as long as they agree to use a rule of the Incoterms rules. The Incoterms rules have come into effective to use for an international or domestic trade of goods since January 2011, which have been modified several times since these established by ICC in 1936. The origin of Incoterms rules may had been appeared from English traditional FOB terms that had been affected to American regulations for the sale of goods. The Incoterms rules which had been started from the traditional English FOB terms and American FOB terms have been expanded other trade terms, such as CIF. Although FOB is based on the COD(Cash on Delivery), it is possible replaced COD to CAD(Cash against Delivery) through the use of Bill of Lading and Letter of Credit in the international sale of goods between seller and buyer according to the development of infrastructures on the international commercial transactions. This article exercises the process of transition of the Incoterms rules, being based on the English and American traditional FOB contract form through review literatures, judical precedents and provisions. Then this article provides some feasible alternatives to attempting to resolve some regulation problems of FCA, CPT, CIP, and D-rules in the Incoterms$^{(R)}$ 2010.

• 한국중재학회지:중재연구
• /
• 제31권1호
• /
• pp.23-54
• /
• 2021

While maritime arbitration industry has not been prevalent in Korea, Korea ranked fifth in terms of export volume and its shipbuilding industry ranked top globally in shipbuilding order volume in 2020. The discrepancy between the maritime industry's productivity and relative lack of maritime arbitration has had a negative impact on Korea's economic development. To address these problems, this paper i) reviews preceding research, ii) examines the Korean maritime arbitration system's status and analyzes the KCAB's maritime arbitration statistics from 2005-2020, iii) examines major foreign maritime arbitration institutions' status and strategies including LMAA, SMA, SCMA, and HKMAG, and lastly iv) suggests practical ways to promote maritime arbitration in Korea. The Suggestions for promoting maritime arbitration are 1) to prepare and promote various maritime standardized forms for the Korean shipping industry, 2) to insert an arbitration clause in medium and large-size Korean shipping firms' B/L clause, 3) to expand professional maritime manpower training and other infrastructure, and 4) to enhance the predictability of the result of arbitration through maritime arbitral awards or by examining the feasibility of the appeal system against the arbitral award only on a point of law in the future. In conclusion, the success or failure of promoting maritime arbitration in Korea depends on the will, passion, cooperation and practice of the most important key players in maritime arbitration, such as the Asia Pacific Maritime Arbitration Center (APMAC), the Korean Commercial Arbitration Board (KCAB) and the Seoul Maritime Arbitrators Association (SMAA).