• 통상정보연구
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• 제11권2호
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• pp.281-300
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• 2009

In 2003, the Uniform Commercial Code(UCC) which is a kind of model law to unify commercial law between several states in US was amended to use electronic document of title including bill of lading. It is the second following the Australia legislation in 1996. Also, the Korean government amended Commercial Act and made the Presidential Decree for using electronic bill of lading in 2008. In this paper the authors reveal the characteristics of the clause of UCC for electronic bill of lading. The characteristics of the clause are on the technical neutrality of the signature, the possibility of reissuance in alternative medium, and adoption of the concept of "control." It helps to suggest some implications for Korean government authority. The authors suggest the amendment of the Presidential Decree to the Korean government authority to use additionally digital signature authorized by non Korean government such as VeriSign. It will activate the use of electronic bill of lading issued by Korea repositary out of Korea.

• 무역상무연구
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• 제65권
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• pp.51-70
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• 2015

The Rotterdam Rules are not phrased in favour of FOB seller's legal status. Whether it will be wise under the Rotterdam Rules to trade on the basis of cash against M/R largely depends on the interpretation of various provisions of the Rotterdam Rules. To protect his interests the M/R holder and his assigns must have a right of delivery of the cargo at the port of destination. The M/R holder and his assigns must be entitled to the bill of lading or at least be able to prevent the carrier from issuing the bill of lading to the shipper. Besides, any additional right of instruction on the part of the shipper must be blocked. Article 35 of the Rules entitles only the shipper to the bill of lading while 47 entitles only the holder of the bill of lading to delivery. When no bill of lading has been issued Article 45 grants to the shipper a right of instruction whereby the shipper is allowed to advise the carrier as to the name and the address of the consignee. I have suggested that by lack of a specific provision to the contrary the Rotterdam Rules have to be considered to be embedded in the system of law as a whole. From the Common Law it follows that a M/R holder, as owner of the cargo, can ask for delivery of the cargo. As owner of the cargo a M/R holder can also claim the bill of lading, if he does so in time, because it must be implied in the contract of carriage that the carrier must deliver the bill of lading to the owner of the goods. It is for the same reason that a M/R holder can prevent the carrier from issuing the bill of lading to any third party but the M/R holder and from taking instructions from the shipper as to name and address of a consignee other than the M/R holder.

• 한국항해학회지
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• 제25권3호
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• pp.283-296
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• 2001

As a matter of fact, the document which has been developed to resolve the obvious conflicts between the interests of buyer and seller is the bill of lading. The bill of lading provides the seller with some security against default by the buyer and the buyer with some assurance of performance of the seller before the buyer is required to make payment. So to speak, the B/L provides some extent protection for both seller and buyer. This is a study on the construction of Liner Bill of Lading(Code name : CONLINEBILL) adopted by BIMCO(The Baltic and International Maritime Conference) and is using a basic bill of lading in the liner ships operation. In this study, the writer makes a wider and deeper study of rights of rights and obligations of Contract Parties by means of the rules of construction, specially focusing the Carriers liability under Carriage of Goods by Sea Act 1971(COGSA 1971), Hague-Visby Rules and Korea Commercial Law.

• 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.

• 무역상무연구
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• 제43권
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• pp.117-142
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• 2009

The purpose of this paper is to examine the basic principles for the examination of documents in terms of the basic duty to examine the documents, the time allowed to the banks to examine the documents, linkage among the documents, the originality of documents and their issuers, and the rejection formula of documents. Further this author would look at the changes of particular transport document including bill of lading, charter-party bill of lading and so on. From the seller's perspective, the changes of the principles and individual documents under UCP600 are the most important in the sense that they affect the criteria against which the payment is made. The major changes include the omission of the phrase "with reasonable care", in terms of the basic examination principles, substitute the phrase "five banking days following the day of presentation" for the phrase "reasonable time, not to exceed seven banking days following the days of receipt of documents", introduce the new wording about the linkage between the documents tendered, and make clear the meaning of the originality of documents as well as the rejection formula. For transport documents, even though dealing with bill of lading, charter-party bill of lading, transport document covering at least two different modes of transport, freight-forwarder bill of lading and freight collect transport documents, this paper focuses on the "transhipment" of bill of lading and the definition of charter-party bill of lading. Thus, UCP has been changed several times to reflect the new banking customs and practice. It, however, would not answer every questions which users and banks will raise. These questions may be best answered in the particular underlying contract. The UCP are necessary but not a sufficient instrument for the smooth operation of an international trade transaction. The rules are now out: it remains to be seen what the players do with it.

• 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.

• 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.

• 무역상무연구
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• 제68권
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• pp.1-21
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• 2015

The purpose of this study is to propose a new mechanism for the global transmission of electronic trade documents and to promote them using it. Trade settlement methods are changed from L/C bases to non-L/C bases and in particular, the telegraphic transfer is dramatically increased since mid 1990. But the status of transmission of electronic trade documents still rely on the letter of credit and bill of lading. So it need to change the process of transmission of electronic trade documents utilizing non-negotiable sea waybill instead of bill of lading. In this study, I pointed out two problems as obstacle factors in global transmission of electronic trade documents. First is the system connection problem between domestic and foreign banks and second is the electronic right transfer problem in the bill of lading. Electronic bill of lading has already been made, but are not used and e-Nego has also not been activated under the above issues. Therefore, it should be solved previously the above problems for the global transmission of electronic trade documents under the letters of credit. However, in transactions of transfer, it does not need the inter-bank connection and also does not occur the electronic right transfer problem of bill of lading if using the non-negotiable seaway bill instead of bill of lading. In this paper, I recommend the global transmission strategies of e-trade documents using the non-negotiable sea waybill in transactions of transfer. Hopefully, I expect the activation of global transmission of e-trade documents through the utilization of electronic non-negotiable sea waybill as suggested by this study.

• 무역상무연구
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• 제45권
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• pp.111-136
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• 2010

Bill of lading means the transport document ("marine", "ocean" or "port-to-port" or similar), however named, covering sea shipment only. Data in a bill of lading, when read in context with the credit, the document itself and international standard banking practice, need not be identical to, but must not conflict with, data in that document, any other stipulated document or the credit, according to UCP 600 and ISBP. This article has provided the general guideline of the discrepancies on the basis of UCP 600, ISBP 681 and the ICC Banking Commission Opinions, for the solution of the unpaid problems of the credit transactions. I have studied especially the ICC Banking Commission Opinions and the DOCDEX Decisions on the bill of lading after UCP 600, the international standard banking practice (ISBP 681), and the recent Korean cases. As such, this article would fill a need gap in the market between the general principles in the UCP provisions and the daily job of the practitioner. The credit practitioners are suggested to this resulting guidance whenever doubts arise as to how to check the credit documents in daily practice.

• 한국항만경제학회지
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• 제25권1호
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• pp.169-190
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• 2009

용선계약상 특정 조건이 선하증권에 유효하게 편입되었는가를 판단하기 위해서는 우선적으로 선하증권의 편입조항이 언급하고 있는 용선계약을 특정해야 한다. 그러나 선하증권 전면에 용선계약 체결일자가 기재되지 않고, 화물운송에 다수의 용선계약이 관여된 경우에는 용선계약의 특정이 문제된다. 이 문제는 오랫동안 영국법원에서 쟁점으로 다투어져 왔으며, 현재까지도 분쟁의 소지가 되고 있다. 본 연구는 선하증권에 편입된 용선계약의 특정이 쟁점으로 되었던 영국의 주요 판례들을 비교 분석하여, 이에 관한 명확한 해석원칙이 존재하고 있지 않다는 점을 규명하였다. 따라서 본 연구는 용선계약의 특정 문제에 적용될 수 있는 네 가지 해석원칙을 제시하였는 바, 즉 문면강조의 원칙, 주변정황의 고려원칙, 적절성의 원칙, 작성자불이익의 원칙이 그것이다. 특히, 이 중에서 문면 강조의 원칙이 선하증권의 유통성 확보와 거래의 안전을 도모할 수 있다는 점에서 가장 우선적으로 고려되어야 할 해석원칙이 된다.