• Title/Summary/Keyword: Documentary Practice

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Examination Criteria on the Compliance of Multimodal Transport Document in the ISBP (ISBP상의 복합운송서류의 일치성에 관한 심사기준)

  • Jeon, Soon-Hwan
    • International Commerce and Information Review
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    • v.7 no.4
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    • pp.219-243
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    • 2005
  • The Purpose of this Article is to analyze the examination criteria on the compliance of multimodal transport document in the ISBP. When the goods are taken in charge by the multimodal transport operator, he shall issue a multimodal transport document which, at the option of the consignor, shall be in either negotiable or non-negotiable form. The multimodal transport document shall be signed by the multimodal transport operator or by a person having authority from him. When the multimodal transport document is presented by the beneficiary to the bank in the letter of credit operations, the bank should examinate the bill of exchange and/or shipping documents, including multimodal transport document. There are two rules in connection with examination of the documents in the letter of credit operations. One is the "Uniform Customs and Practice for Documentary Credits(UCP 500)" approved by the Banking Commission in March 10, 1993, the other is the "International Standard Banking Practice for the Examination of Documents under Documentary Letters of Credits(ISBP)" approved by the ICC Banking Commission in October 2002. Therefore, this Article has studied the multimodal transport document presented under documentary credits on the basis of the UCP 500 and the ISBP it reflects.

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The Key-points of the Revised ISBP 745 and Some Considerations for its Practical Application (개정 국제표준은행관습(ISBP 745)의 주요특징과 실무적용상 유의점)

  • Seo, Jung Doo
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.64
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    • pp.131-154
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    • 2014
  • The International Standard Banking Practice for the Examination of Documents under UCP 600 (ISBP 745) is the product by the Drafting Group of the ICC Banking Commission during a number of years. ISBP 745 is a practical complement to UCP 600, ICC's universally used rules on documentary credits. ISBP 745 does not amend UCP 600. Two rules should be read in their entirety and not in isolation. ISBP 745 explains, in explicit detail, how the UCP 600 rules are to be applied on a day-to-day basis. It fills a needed gap between the general principles announced in UCP 600 and the daily work of the documentary credit practitioners. It has developed into an invaluable aid to banks, corporates, logistics and insurance companies alike, on a global basis. By using ISBP 745, document checkers can bring their practices in line with those followed by their colleagues worldwide. The result should be a significant reduction in the number of shipping documents refused for discrepancies on first presentation. This study aims to summarize the reasons for revision of the ISBP rules and the key-points of ISBP 745, and to provide the documentary credit practitioners with some considerations under its practical application.

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UCP600: An Exercise in International Private Sector Self Regulation (UCP 600: 국제 사적 부문 자체 규제의 일례)

  • Byrne, James E.
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.36
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    • pp.47-84
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    • 2007
  • The Uniform Customs and Practice for Documentary Credits ("UCP") may be treated as a useful laboratory for studying the scope and limitations of self regulation. This is due to its almost universal success on a global stage which provides it a perspective rarely available for self regulatory provisions and due to extensive experience of judicial review of it. In this sense, it is worthwhile to examine in brief the latest iteration of the UCP, Publication No. 600 ("UCP600"). This article describes and analyze some of core provisions of the UCP600 from the perspective of their adequacy as an exercise in self regulation. It is attempted first in view of several categories of private rulemaking; definitional rulemaking, default rules, procedural rules, and remedies. After that, it is examined second in view of sound rulemaking which is related to the relative role of law and practice. It points out rich and varied insights into the possibilities and problems associated with private rulemaking in connection with commercial transactions.

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The Effect of Non-documentary Condition for Letter of Credit and Demand Guarantee (신용장과 청구보증서의 비서류적 조건의 유효성에 관한 연구)

  • Park, Sae-Woon;Choi, Jang-Woo
    • International Commerce and Information Review
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    • v.13 no.4
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    • pp.275-295
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    • 2011
  • Any attempt which requires banks to consider non-documentary conditions would destroy autonomy principle and increase the risks of the bank in L/C transactions. Therefore, non-documentary conditions are disregarded in the letter of credit. This provision was first introduced in UCP500, but later, ICC Position Paper No.3 added that if L/C requires documents related to non-documentary conditions, it cannot be disregarded. While the language in UCP600 is basically the same as that in UCP500, there is a difference between the two in that the former disregards the documents related to non-documentary conditions even if they are required by L/C. However, it should be remembered that international standard banking practice does not disregard all of non-documentary conditions. It recognizes the validity of some non-documentary conditions which it is not feasible to change into documentary conditions. That is, such non-documentary conditions as can be determined from an index specified in the guarantee or identified from the issuing bank's own records or their normal operations are recognized as valid in legal cases. ISP98 and UR00758 do not consider these as non-documentary conditions. The applicant should be cautious not to include non-documentary conditions in their applications.

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Validity of Non-documentary Conditions (신용장의 비서류적 조건의 유효성)

  • Suk, Kwang-Hyun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.22
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    • pp.137-171
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    • 2004
  • Under Article 2 of the Uniform Customs and Practice for Documentary Credits (1993 Revision. UCP), letter of credit means an arrangement whereby an issuing bank is to make a payment to a beneficiary, or is to accept and pay bills of exchange drawn by the beneficiary, or authorises another bank to effect such payment, or to accept and pay such bills of exchange, or to negotiate, against stipulated document(s), provided that the terms and conditions of the letter of credit are complied with. In letter of credit operations, all parties concerned deal with documents, and not with goods, services and/or other performances to which the documents may relate (UCP, Article 4). It is important to note that under UCP, if a letter of credit contains conditions without stating the document(s) to be presented in compliance therewith, banks will deem such conditions as not stated and will disregard them (Article 13 c). Section 5-108(g) of the Uniform Commercial Code also contains a similar provision. However on several occasions the Korean Supreme Court held that non-documentary conditions in letter of credit governed by UCP could be regarded as valid, although they were not desirable in the context of letter of credit transactions. The rationale underlying the decisions was that parties to the letter of credit transactions are free to determine the terms and conditions of the relevant letter of credit. After reviewing the relevant provisions of UCP, UCC, the International Standby Practices (ISP98) and the Supreme Court decisions of Korea, the author suggests that we classify conditions that do not require any documents (so called apparent non-documentary conditions) into two categories and treat them differently. There are apparent non-documentary conditions that are consistent with the nature of letter of credit and those which are inconsistent with the nature of letter of credit. In the first category there are two sub-categories, (i) those which are valid and (ii) those which are invalid and thus should be disregarded. In the second category there are two sub-categories, (i) those which are invalid and thus should be disregarded and (ii) those which are valid but deprive the instrument of the nature as letter of credit.

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An Animated Documentary Study of Korean Youth Culture and Identity (한국 청소년들의 온라인 게임문화와 정체성에 관한 애니메이션 다큐멘터리 연구)

  • Park, Man
    • Cartoon and Animation Studies
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    • s.45
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    • pp.397-415
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    • 2016
  • This paper will investigate how animated practice can be a research form as practice-led research in an ethnography approach. This practice-led research will explore the issue of the construction of contemporary identities (based on the strange case of Dr. Jekyll and Mr. Hyde) and in particular, the Korean youth culture and identity, exemplified, for example, creation of 'avatars' in the virtual characters of animated online games such as Massively Multiplayer Online Role-playing Games (MMORPGs). In this proposed discussion, I will argue that the sudden period of change in contemporary Korea bears some resemblance to the Victorian era as explored in gothic fiction (e.g. Jekyll and Hyde). In this sense, my animation investigates the connection between the fictional Jekyll and Hyde and a real murder incident by a young Korean boy, which actually happened on the 16th November 2010, in SouthKorea.I will, therefore, construct this practice-led research to obtain the primary data consisted of online and offline practices in 'social ethnography'. These practices engage with specific Korean youth identity, comparing the 'avatar' with the real lives of participants. However, this paper will only focus on the (ethnographic) research process and strategy, using animated (visual) practices, rather than giving the meaning of the specific case of 'Korean-ness'. Eventually, I will explore the four different animated representations as it presents the distinctive animated realties or documentaries by online and offline practices. My intention is to visually interpret the issue of 'Korean-ness' within its socio-cultural context, adapting the convention and code of Jekyll and Hyde concept into an animated documentary in the 'virtual' world (auto-animated documentary by recording avatar interviews and online game footages) and the 'real' world (self-created animated documentary, based on real people and events).

An Analytic Framework for the Political and Aesthetic Possibility of Interactive Documentary and Its Practice (인터랙티브 다큐멘터리의 정치적·미학적 가능성과 그 실천에 관한 분석틀 제안)

  • Kwon, Hochang
    • The Journal of the Korea Contents Association
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    • v.21 no.10
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    • pp.184-193
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    • 2021
  • Interactive documentary refers to a new style of documentary that is created and accepted through active interaction. It is attracting attention as a platform that forms a public sphere and mediates audiences to participate in social change. However, the possibilities was not systematically explored, and there was insufficient consideration on how to realize them. In this paper, discussions on the political aesthetics of Walter Benjamin are examined, and the media characteristics of interactive documentary are analyzed through text mining. Then, by connecting the two to each other, we draw a map of the political and aesthetic possibilities, and based on the map, we analyze the actual works. This study has the value of establishing a theoretical framework for the possibilities of interactive documentaries. In the follow-up study, we will consider the practical strategy of interactive documentary as a transmedia activism and develop a practical analysis and planning methodology.

Franchising Practices in Selected Markets around the World: A Review

  • ADEIZA, Adams
    • The Korean Journal of Franchise Management
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    • v.10 no.2
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    • pp.7-18
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    • 2019
  • Purpose - This paper attempts to provide an understanding of practice of franchising in eight countries - USA, UK, Australia, Brazil, China, Malaysia, South Africa and Nigeria. The bases of the review are: number of systems and outlets, employment generation, annual turnover, GDP contribution, legal and regulatory frameworks and country-specific franchise business practice nuances. Research design, data and methodology - the paper is descriptive, highlighting elements of the business practice that distinguish one country from another. Documentary data - mainly industry publications supplemented by empirical literature - was used for the review. Result - Although there are commonalities in the technical design and implementation of franchise business practice - especially the business model type - differences exist in terms of legal and regulatory frameworks guiding the industry across the eight countries studied. Conclusion - There are no two countries that have the same franchise practices. Franchise markets in the developed, and to some extent, the emerging economies have saturated. Franchise markets in African countries are at infant stage and thus, these countries are strategizing to attract foreign brands into their domains.

The Archeology of Memory: The Explorations of Animated Documentary

  • Guo, Chunning
    • Cartoon and Animation Studies
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    • s.45
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    • pp.479-512
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    • 2016
  • This is a practice-based research, aiming to explore the experiments of Animated Documentary, which is a unique form can explore the mysteries and complexity of memories. Animated Documentary is a medium through which one can reveal an individual's memories within the context of a narrative that is historically situated and influenced. The marriage of animation and documentary gave birth to a new form of film. How to category this new form? Is it an animated short or documentary short? In fact, this raises issue that questioning the nature of animation and documentary. From Shuibo Wang's works, more young Chinese artists began to experiment with symbols (related to the Political Pop Trend) in visual narration, which could also be seen as a reflection of structuralism and semiology in the contemporary Chinese art field. As a case study, this paper demonstrates how animated short "Ketchup" revealed the problems of youth and social turmoil through the memories of a six-year boy. On the Festivals and conferences, the publics were shocked to know "Ketchup" based on true memories, and they were more curious why the crucial things almost be forgotten. Actually forget fulness is one of the layers of memories and Animated Documentary will offer a new way to explore how our memories are shaped.