• 무역상무연구
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• 제30권
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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.

• 무역상무연구
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• 제69권
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• pp.201-220
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• 2016

A bill of lading is a document which is signed by the carrier or his agent acknowledging that the goods have been shipped on board a named vessel bound for the destination and stating the terms on which the goods so received are to be carried. Therefore, the bill of lading is a document of title enabling the holder to obtain credit from banks before the arrival of the goods, for the transfer of the bill of lading can operate as a pledge of the goods themselves. In the other words the bill of lading creates a privity between its holder and the carrier as if the contract was made. A bill of lading, for obtaining credit from banks, must appear to indicate the carrier's name and signature, the "shipped on board" notation, the port of loading and unloading stated in the sales contract and the credit. Data in the bill of lading, when read in context with the sales contract, the credit, the bill of lading itself and international standard banking practice, need not be identical to, but must not conflict with, data in that bill of lading, any other stipulated document, the sales contract or the credit. The surrender bill of lading, stamping "surrendered" on the original bill of lading by request of the shipper, is not recognized the legal effectiveness as a document of title by the statutory law and court. The surrender bill of lading may increase the risk of impossibility of payment to the holder. Therefore, the surrender bill of lading should be used restrictively between the credible parties and suggested to avoid in the other cases.

• 무역상무연구
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• 제14권
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• pp.177-218
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• 2000

Global Electronic Trading means that trading partners trade each other via Global Electronic Trading Network, that is, global business to business electronic commerce. Recently, where the cargo arrives ahead of the B/L, the importer cannot take delivery of the cargo without the B/L. This situation is referred to as the B/L dilemma. But the BOLERO system will resolve this B/L dilemma. Bolero Project is developing a cross industry utility platform for the secure, electronic transfer of commercial trade information world wide. After the successful testing of an original pilot project, The Bolero Association was formed in 1995 by a group of interested cross industry companies. 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. Bolero International Limited published the first edition of Bolero Rulebook in 1999. The Bolero Rulebook as amended from time to time, governing the relationship between Users and their rights and obligations arising from the Bolero system. The Bolero service will be governed by a multilateral contract called the Bolero Rule Book which specifies the rights and responsibilities of Bolero and its users. The Title Registry and Bolero Bill of Lading provide a fully functional equivalent to the paper bill of lading. The Bolero Bill of Lading can be created, transferred, amended, and surrendered by way of designating to order party, blank endorsement, refusal by the transferee etc. Thus, this study deals with the functions of Bolero Bill of Lading and the problems and solutions in the Bolero Bill of Lading in point of definitions and operation under the Bolero Rulebook.

• 무역상무연구
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• 제12권
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• pp.377-401
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• 1999

This study is focused on the privity of the contract of carriage of goods by sea, so to speak, privity between B/L holder and carrier by transfer of bill of lading, privity by attornment to delivery order and conflict between bills of lading and charterparty terms. Under a CIF contract, possession of the bill of lading is equivalent to possession of the goods, and delivery of the bill of lading to the buyer or to a third party may be effective to pass the property in the goods to such person. The bill of lading is a document of title enabling the holder to obtain credit from banks before the arrival of the goods, for the transfer of the bill of lading can operate as a pledge of the goods themselves. In addition, it is by virtue of the bill of lading that the buyer or his assignee can obtain redress against the carrier for any breach of its terms and of the contract of carriage that it evidences. In other words the bill of lading creates a privity between its holder and the carrier as if the contract was made between them. The use of delivery orders in overseas sales is commen where bulk cargoes are split into more parcels than there are bills of lading, and this practice gives rise to considerable difficulties. For example, where the holder of a bill of lading transferred one of the delivery orders to the buyer who presented it to the carrier and paid the freight of the goods to which the order related, it was held that there was a contract between the buyer and the carrier under which the carrier could be made liable in repect of damage to the goods. The contract was on the same terms as that evidenced by, or contained in, the bill of lading, which was expressly incorporated by reference in the delivery order. If the transferee of the delivery order presents it and claims the goods, he may also be taken to have offered to enter into an implied contract incorporating some of the terms of the contract of carriage ; and he will, on the carrier's acceptance of that offer, not only acquire rights, but also incur liabilities under that contract. Where the terms of the charterparties conflict with those of the bills of lading, it is interpreted as below. First, goods may be shipped in a ship chartered by the shipper directly from the shipowner. In that case any bill of lading issued by the shipowner operates, as between shipowner and charterer, as a mere receipt. But if the bill of lading has been indorsed to a third party, between that third party and carrier, the bill of lading will normally be the contract of carriage. Secondly, goods may be shipped by a seller on a ship chartered by the buyer for taking delivery of the goods under the contract of sale. If the seller takes a bill of lading in his own name and to his own order, the terms of that bill of lading would govern the contractual relations between seller and carrier. Thirdly, a ship may be chartered by her owner to a charterer and then subchartered by the chaterer to a shipper, to whom a bill of lading may later be issued by the shipowner. In such a case, the bill of lading is regarded as evidencing a contract of carriage between the shipowner and cargo-owners.

• 통상정보연구
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• 제16권1호
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• pp.227-245
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• 2014

선화증권의 위기문제를 해결하기 위한 UN과 CMI 노력의 발판으로 볼레로 선화증권이 도입된 지 상당한 시간이 흘렀지만 아직까지 전자선화증권이 실질적으로 도입되지 않고 있는데 이는 법률적, 제도적으로 해결하지 못한 과제가 남아있기 때문이다. 특히 볼레로 선화증권의 경우에는 도입초기에 개별국가의 전자무역사업자들과의 협업사업모델을 제시하지 못하여 제대로 이용되지 않고 있는 실정이다. 국제적으로 볼레로 선화증권의 운영이 제대로 이루어지 않고 있는 상황에서 한국 상법에서는 전자선화증권의 등록기관 지정제도를 도입하여 현재 KTNET이 법무부에 의해 등록기관으로 지정되어 있으며 전자선화증권 서비스를 개시하였다. 그러나 한국의 상법모델은 볼레로 선화증권보다 글로벌차원에서 많은 문제점을 안고 있다. 이러한 문제점은 또한 등록기관 지정제도상의 특징과도 연관되어 있다. 따라서 본 논문은 한국 전자선화증권 등록기관 지정제도를 살펴보고 지정제도 상의 특징을 도출하고 그 특징과 관련된 이슈와 문제점을 규명함으로써 한국에서 전자선화증권이 보다 활성화되는데 그 연구목적을 두고 있다.

• 통상정보연구
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• 제9권3호
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• pp.161-180
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• 2007

The electronic bill of lading system replacing with traditional paper B/L has been evolved from SeaDocs and CMI to Bolero system. Therefore e-B/L is considered as an evolving concept rather than fixed one because it has been changed with development of information technology. Bolero system designed to replicate all functions of a paper B/L has some limitation to be utilized as an e-B/L in changing international business arena because it has a centralized model. Therefore it is considered to be important that the current e-B/L operating system needs to be diversified. This paper aims to provide three types of the operating model of global e-B/L to be applied with feasible solution coping with the current problems, which is expected to contribute to the utilization of electronic bill of lading.

• 무역학회지
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• 제46권6호
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• pp.93-107
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• 2021

The bill of lading serves to link imports and exports. It is the last document issued in the export process and is the most important document before import and export as it is the first document required for importers to take over goods. Transfer the right to the goods to be transported to another person through endorsement. The role and importance of the bill of lading has already been suggested in many previous studies and the trading partners are fully aware of it. In addition, all countries and international organizations recognized the importance and enacted various laws and systems in relation to possible legal problems and they have become customary in practice. However, trade fraud that exploits the characteristics of the bill of lading may occur. In order to solve this problem, various attempts related to the electronic rights transfer of the bill of lading began to be carried out, and many institutions and companies are still trying to develop a new system. As a result of these efforts, electronic bills of lading, such as bolero, appeared, and electronic bills of lading, which can transfer rights in an electronic way, appeared. Therefore, this study intends to present the feasibility of the introduction of smart bills of lading after examining the current status of electronic bills of lading and the introduction of block chain technology-based bills of lading.

• 정보처리학회논문지:소프트웨어 및 데이터공학
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• 제11권7호
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• pp.283-290
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• 2022

블록체인 기술은 거래를 투명하게 관리함으로써 중앙통제 없이 신뢰 가능한 P2P 거래를 가능하게 한다. 최근에는 금전적 가치를 지닌 선하증권(Bill of Lading, B/L서류)의 무결성을 확보하기 위해 블록체인을 적용한 연구가 진행되고 있다. 본 논문에서는 사용성 개선을 위한 블록체인 기반의 선하증권 시스템을 제안한다. 수출자는 선사로부터 발급 받은 선하증권을 블록체인에 저장하고, 은행에서 이를 조회하여 신용장 거래를 수행한다. 수입자는 선하증권 서류의 지문이 담긴 QR코드(Quick Response code)로 신원증명을 완료한 뒤 화물을 인도 받게 된다. 수출자는 우편으로 보낼 시간과 비용을 절약하고, 물품의 보안을 강화할 수 있다는 점에서 큰 효과를 거둘 수 있다. 수입자의 경우 선적 서류가 블록체인 네트워크에 등록되자 마자 서류를 열람할 수 있고, 신뢰를 바탕으로 거래를 수행할 수 있다는 이점을 갖는다. 뿐만 아니라 은행에서는 선적서류에 대한 검증을 더욱 신속하게 수행할 수 있다.

• 정보학연구
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• 제8권4호
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• pp.119-140
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• 2005

The purpose of this article is to study on the electronic bill of lading in the electronic trade era. The term 'electronic trade' means all or part of any such trade as implemented by means of apparatus having the information processing capability, such as a computer, and networks of information and communications. The introduction of an electronic bill of lading has long been considered essential by the members of the international trading community as a key means of reducing its costly reliance on paper.

• 무역학회지
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• 제42권2호
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• pp.53-76
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• 2017

선화증권의 위기문제를 해결하기 위해 국제적으로 전자선화증권의 도입을 위해 노력하였고 해상운송장의 사용을 권고하여 왔다. 전자선화증권을 도입하기 위한 이러한 많은 노력에도 불구하고 전자선화증권이 실무에 도입되어 사용되지 않고 있는 상황에서 미주와 유럽에서는 해상운송장을 사용함으로써 실무적으로 선화증권의 위기문제에 대처하여 왔다. 그러나 한국, 중국, 일본에서는 해상운송장의 도입보다는 권리포기 선화증권을 이용함으로써 선화증권의 위기문제에 대처하는 실무관행이 이루어지고 있다. 권리포기 선화증권은 그 이름과 달리 선화증권의 유형으로서 법적으로 인정받을 수 없다는 문제점을 안고 있으며 권리포기 선화증권의 사용유형에 따라서 각국 법원의 판결내용도 상이하게 나타나고 있어 이에 대하여 실무적으로 유의할 필요성이 있다. 따라서 본 논문은 권리포기 선화증권과 관련된 판례를 분석하여 유의사항을 도출함으로써 권리포기 선화증권의 이용에 따른 분쟁을 사전에 예방할 수 있도록 하는데 그 연구목적이 있다.