• 한국전자거래학회지
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• 제7권1호
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• pp.187-206
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• 2002

The purpose of this study is to review the process for the trade settlement system between all parties involved in the commercial transaction under SURF System. SURF application is the latest value added service from bolero.net and a fully automated documentary settlement system. It extends bolero.net's capability to enable trade transactions by providing a delivery versus payment system. It has been designed as a standard, shared, infrastructure component for handling trade settlement within an electronic environment to keep step with the operation of electronic Bolero bill of Lading. It exploits the services provided by the Bolero Core Messaging Platform - secure, guaranteed transactions based on boleroXML standards to provide document compliance services with optional bank guarantees. So, SURF system can automatically check all commonly used trade documents such as commercial invoices, bills of lading and certificates of weight and analysis, etc and supports a full range of settlement options including Open Account, Documentary Collections, Documentary Credit. 58 have key features as follows, ① automatic document compliance checking, ② integrated with the Title Registry, ③ supports various forms of vender financing, ④ governed by a set of legally binding rules, ⑤ fully prepared for Straight-Through-Processing, ⑥ Enabled compliance with UCP 500.

• 무역학회지
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• 제48권2호
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• pp.153-174
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• 2023

그동안 선하증권의 위기를 극복하기 위한 대안으로서 전자선하증권(E-B/L), 수입화물선취보증서(Letter of Guarantee), 권리포기 선하증권(Surrender B/L), 해상화물운송장(Sea Waybill) 등이 제시되어 왔지만 이들 중 가장 활발히 사용되는 수단은 단연 Surrender B/L이다. 그러나 Surrender B/L은 법적 근거가 없어 여러 가지 문제점을 안고 있기 때문에 지금까지 이러한 법적 한계나 Surrender B/L 이용상의 문제점을 중심으로 관련 연구가 진행되었다. 본 연구는 이러한 연구관점을 확장하여 Surrender B/L 확산에 영향을 미치는 요인을 실증적으로 규명하고자 하였다. 이를 위해 한국국제화물운송협회 회원사를 중심으로 유효표본 190개를 확보하여 위계적 회귀분석을 실시하였다. 또한 R 프로그램을 이용하여 연구자료를 진단하고 지역별 확산 정도를 분석하였다. 실증분석 결과 Surrender B/L의 편의성과 비용 절감 효과, 포워딩 업체의 도제식 교육 등으로 Surrender B/L의 활용도가 높아지는 것으로 나타났다. 또한, 지역분석 결과 Surrender B/L의 확산이 우리나라 인근 지역뿐만 아니라 유럽과 미주지역 등 한국에서 멀리 떨어진 원거리 지역에서도 활발하게 나타나고 있음을 확인하였다.

• 무역상무연구
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• 제51권
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• pp.317-358
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• 2011

The purpose of this study aims to analyse the key differences of the sea waybill and electronic B/L in the international transport documents. Sea waybills look remarkably like ordinary bills of lading. Indeed, in two important ways, they are just like bills of lading: the front of the document will near a description of the quantity and apparent condition of the goods; and the back of the document provides evidence of the terms of the contract of carriage. They differ from bills of lading in that, far from indicating that the goods described are deliverable to the order of the shipper or of the consignee, they will make it explicit that the goods are deliverable only to the consignee. Again, different carries will do thai in a variety of ways. For example, the document may call itself non-negotiable, omitting the word order from the consignee box on the front of the document, and stating explicitly that the goods will be deliverable to the consignee or his authorised representative on proper proof of identity and authorisation. The Hague-Visby Rules and Hamburg Rules give no guidance as to any right to instruct the carrier in respect of goods while they are in transit. However, in applying Article 50 of the Rotterdam Rules, in particular when applying it in the context of seawaybills, straight bills of lading or ship's delivery orders, regard would need to be had to preserve the shipper's rights under any of those three documents even after the buyer of goods covered by them has acquired rights of its own. And, the right of control is defined at Article 1.12 of the Rotterdam Rules. The right to give instruction is further limited by the terms of Article 50.1 to three particular types of instruction in respect of the goods, relating broadly to the goods, their delivery en route, and the identity of the consignee. And, the CMI formulated the CMI Uniform Rules for Sea Waybills for voluntary incorporation into any contract of carriage covered by such a document. Recognising that neither the Hague nor the Hague-Visby Rules are applicable to sea waybills, the CMI Rules provide that a contract of carriage covered by a waybill shall be governed by whichever international or national law, if any, would have been compulsorily applicable if the contract had in fact been covered by a bill of lading or similar document of title.

• 통상정보연구
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• 제8권3호
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• pp.143-164
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• 2006

EDI is fast becoming the standard way of exchanging business documents, not only in this country but throughout the world. The purpose of EDI is currently being used for all the most common business transactions such as purchase orders, invoice, quotes, bill of lading, status reports, receiving advices; and also for some very specific transaction. Thus, the purpose of this study, by way of literature survey and survey research are to find the effectiveness in EDI Service of Clearance Physical. The model of the Trust Dimension and EDI Provider Loyalty in EDI Service of Clearance Physical is tested here using data from 163 samples. Based on the research model, a comprehensive set of hypotheses is formulated and a methodology for testing them is outlined. some of the hypotheses are tested empirically to demonstrate the applicability of the theoretical model. In examining the relationships of the Clearance EDI determinants factors, Trust and e-loyalty show in significantly by customs practice trust, clearance EDI, EDI provider trust and clearance EDI loyalty. but that show in not significantly by a list of names, EDI benevolence.

• 한국항만경제학회지
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• 제20권2호
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• pp.217-234
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• 2004

Information technology has been transforming the relationship between shippers and carriers, but an unresolved question remains: what is the relative importance to shippers of service versus cost benefits of e-logistics solutions? This research develops and empirically tests a model to determine how Internet-based logistical operations in international shipping impact on the relative importance of cost versus service benefits to shippers. Contrary to expectations, results show that shippers perceived cost benefits from well-designed web sites, undoubtedly a consequence of perceptions that multi-function portals with ease of access contributed to savings in time and money. Another result was the confirmation of the positive effects of cargo tracing and bill of lading issuance on service-related factors. Finally, this study draws attention to the need for improvements in on-line booking capabilities and development of a comprehensive common portal; issues that must be addressed for shipping lines to succeed in an increasingly competitive e-logistics market.

• 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.

• 디지털융복합연구
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• 제7권4호
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• pp.11-19
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• 2009

Electronic methods are already used in money transfer and credit cards transactions and electronic money and checks, which can substitute cash and coins, are being discussed. Recently, the Acts of Electronic Draft have been enacted, in order to make the money in the market flow efficiently. Also electronic bill of lading has been adopted for the practical use of international shipments. However, despite of the effort from the academia and practice, investments to stocks, especially in the stock exchange, is not quite perfectly electronic. Japan enacted a relevant act in 2004 which make its stock market totally dematerialized. This writing summarizes some issues in interpretation that arise in the course of operation of the Stock Electronic Registration System at the present time of 6 months after it came into effect and its purpose, by doing so, is to prevent in advance the kind of problems in introducing the similar system to Korea.

• 무역학회지
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• 제41권5호
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• pp.187-211
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• 2016

이행기가 도래하기 전에 일방당사자가 의무를 불이행할 것이 예견되어 계약위반이 발생하는 경우를 이행기전 계약위반이라 하고 이러한 법리는 영국에서 형성되었다. 이행기전 계약위반이 발생하면 상대방 당사자는 자기 방어적 구제권으로써 자신의 의무이행을 정지할 수 있다. 이러한 이행정지권은 계약을 해제시키기 보다는 자신의 의무이행을 정지시켜 손해를 미연에 방지하고 상대방이 계약상 의무를 이행하기를 기다림으로써 계약을 유지하고자 하는데 목적이 있다. SGA에서는 매수인의 이행기전 계약위반시 매도인이 행사할 수 있는 구제권으로써 유치권과 운송정지권을 규정하고 있다. 대금지급을 받지 못한 매도인이 행사할 수 있는 유치권은 매도인이 물품을 점유하고 있는 경우에 가능하지만, 운송정지권은 매도인이 운송인에게 물품을 인도함으로써 상실되었던 점유를 매수인의 지급불능으로 인해 다시 회복할 수 있는 권리이다.

• 대한안전경영과학회지
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• 제14권1호
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• pp.109-116
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• 2012

It could be debated that the owners were indemnified from the charterers even in respect of the loss of deck cargo caused by the negligence on the part of the owners' servants by a clause 13(b) of NYPE(1993) form, where NYPE(1993) incorporated the Hague/Visby Rules by a paramount clause and did not contained an on deck statement to state or identify what or how much deck cargo was being carried, however the relevant bills of lading all had such statement. The socol 3 of U.K. is a very helpful decision on (1) an on deck statement in bill of lading was sufficient to exclude application of the Hague/Visby Rules to the carriage of deck cargo, as a result, the clause 13(b) should not be null and void by the clause 3(8) of the Hague/Visby Rules (3) the clause 13(b) could not protect the owners from the loss and/or liability caused by negligence and/or breach of the obligation of seaworthiness on the part of the owners, their servants and agents. Therefore, the purpose of this study is to critically analyze the decision in the socol 3, and provide the decision's practical implications in order to prevent legal disputes as to the on deck carriage between the owners and the charterters.

• 정보학연구
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• 제6권1호
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• pp.85-105
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• 2003

전자무역은 현재 일부 무역거래단계에서 한정적으로 사용되고 있는 실정이며 모든 무역거래단계로 확대시키기 위하여 업계 및 각국의 정부당국, 그리고 국제기구의 노력들이 부단히 행해지고 있다. 전통적 무역거래를 전자무역으로 대체하는데 있어서 가장 큰 어려움은 국제대금결제시스템을 전자화하는 것이라고 할 수 있으며, 이러한 문제점의 해결은 궁극적으로 전자무역거래의 완성이라고 해도 과언이 아닐 정도로 전자무역의 구현에 있어서 시급하고도 중요한 핵심과제가 되고 있다.