• Asia-Pacific Journal of Business
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• v.15 no.2
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• pp.271-282
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• 2024

Purpose - The purpose of this study is to examine legal problems in managing special customs clearance companies that were not covered in previous studies, and seek legal solutions. Design/methodology/approach - This study tries to analyze and the Administrative Rules related to special customs clearance and suggest alternatives since the management of the special customs clearance system is mainly carried out through Administrative Rules. Findings - The definition of a consignment carrier under the Customs Act does not reflect the reality, and the subject of registration does not coincide with the Customs Act and Administrative Rules. Article 2 of the Customs Act, the definition of consignments and the subject of registration of consignment forwarders should include international logistics forwarders who "arrange logistics of import and export cargo". In the E-commerce Administrative Rules revised in July 2023, the registration of e-commerce companies subject to special customs clearance, the registration of companies with preferential customs clearance and notification of changes, and the provision of preferential customs clearance can be seen as new legislation beyond the mandate of the Customs Act. Research implications or Originality - It it time to allow recipients and agents to submit customs clearance lists to protects the rights of goods recipients.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.71
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• pp.127-146
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• 2016

There are two aims of this research: one is to verify the role of bill of lading and the method of delivery for container goods and the other is to suggest alternative methods for the crisis of bill of lading; that is, goods are arrived in ports but bill of lading is not arrived. The results of the analyses are as follows. First, delivery of container goods should be performed to exchange with bill of lading. Carriers should deliver goods to consignees to exchange with one among the number of issued bill of lading. In addition, when goods are delivered to consignees by the bill of lading, the other bill of lading is invalid. Second, there are several methods of delivery which are not exchanged with bill of lading such as letter of guarantee, surrender bill of lading, sea waybill, non-negotiable straight bill of lading and consignment of bill of lading to a captain. Delivery of container goods should be performed by exchanging bill of lading. In addition, there are two delivery methods by letter of guarantee: one is illegal and the other is legal. If there is damage for a bonafide-fide holder of bill of lading, carriers should make compensation for the damage. These methods consist of the delivery of goods which is not exchanged with bill of lading and there are two advantages of the methods; one is that consignees enjoy saving bonded warehouse fee and quick disposal after arriving goods and the other is that carriers immediately use vessels after unloading containers. However, the methods are based on utmost good faith between a seller and a buyer.