• Korean Journal of Social Welfare Studies
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• v.42 no.1
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• pp.179-217
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• 2011

This paper discusses the type of discourse associated with mental illness and individuals with mental illness in the context of TV documentary. Discourse is an linguistic product which prescribes and interprets the reality and reconstructs the reality systematically. Therefore, TV documentary contents illuminate the dominant discourse associate with mental illness through the diverse types of representation. We picked four TV documentaries from each public channels and analyzed these documentaries using Fairclough's Critical Discourse Analysis. Faircough suggests the analysis frame consisting of three level. The analysis reveals that TV documentaries produce the discourse "the Completion of Distinction" associated with mental illness and individuals with mental illness. TV documentaries suggest the reason why we distinct them from us in textual level. In discourse practice level, they suggest the method and the principal agent of distinction. For social practice, TV documentaries reinforce the dual attitude of viewer. Alternative discourse associated with mental illness and individuals with mental illness will be constructed when individuals with mental illness recovers the status of principal agents and produces strong voices about themselves.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.38
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• pp.71-96
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• 2008

Letters of Credit are the most common method of payment for goods in the export trade, and banking practice relating to letters of credit is standardised by the Uniform Customs and Practice for Documentary Credits, which are a set of rules issued by the International Chamber of Commerce. The current version is UCP 600, which took effect on July 1, 2007. To assist the practitioners of Documentary Credits, the KCCI(Koea Chamber of Commerce and Industry) authorised a new publication-Official Commentary on UCP 600. This new publication added the word "official" in the title. In order to being an official commentary, the terms and expression should be correct and unified. But there is some problems in official commentary and legal phraseology. The problem was appeared that ICC UCP 600's were translated into Korean UCP 600 version. For example, "Issuing Bank", "Applicant", "Port of discharge", "A date of pick-up", "Shipper's load and count", "Courier Receipt", "Charter Party", "Bill of Lading", "Cover Note", "Exclusion Clause", "Insurance Certificate", "Declaration, Underwriter". If can be used 'Official Commentary on UCP 600', the above statements should be a compliment though take a wide professional opinions or held a public hearings. The Purpose of this paper is to point out the problems and substitute the term used and unify the expression in official commentary.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.16
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• pp.35-58
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• 2001

The letter of credit is quintessentially international. In the absence of international legal system, a private system based on banking practices has evolved, commanding the adherence of the international letter of credit community and providing the foundation of th reputation of this instrument. To maintain this international system, it is vital that international standard banking practice should not be subject to local interpretations that misconstrue or distort it. The UCP is a formulation of international standard banking practice. It is neither positive law nor a "contract term" in any traditional sense and its interpretation must be consonant with its character as a living repositary of international understanding in this field. As a result, the interpretation and application of specific articles of the UCP must be consistent with its evolving character and history and with the principles upon which sound letter of credit practice is predicated. This study, especially, focuses on article 13 of the UCP500 and 95UCC 5-108. Both articles introduce a standard of document examination to be used by banks to determine whether they comply facially with the terms of the credit. While, in the UCP, this standard is called international standard banking practices, in the UCC, this standard is called standard practices. I think that both standards are not same. Thus, first, this study look for categories of both standards and scope of application. the second subject is how can issuing bank act in the face of non-documentary condtion under this standard of document examination. Third is correlation between the principle of Strice Compliance and the standard.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.54
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• pp.99-122
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• 2012

According to the United Nations Convention on the International Sale of Goods, the Seller must deliver the goods, hand over any documents relating to the them and transfer the property the to the goods as required by the contract, and buyer must pay the price for the goods and take delivery of them as required by the contract. In particular, the seller provides the documents is important. If the documents are discrepancies in credit, the beneficiary may not receive the payment. So It is important to study on conditions of documents in international trade. Documents provided by the seller shall be determined by express terms. If there is no agreement on the express terms, it shall be determined by the implied terms or governing law terms. In practice Seller shall provide the documents are as follows, For example, transport documents, commercial invoice, certificate of origin, insurance policy, packing list, inspection certificate etc. As stated above if it can not be determined by express terms, it is determined by the implied terms. In international trade, leading to the implied terms is incoterms(R) 2010 and UCP 600. Incoterms(R) 2010 define the seller must provide the goods and the commercial in conformity with the sales contract and any other evidence of conformity that may be required by the contract and UCP 600 are rules that apply to documentary credit. This paper, the practical utility between Incoterms(R) 2010 and UCP 600 is studied.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.13
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• pp.631-655
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• 2000

This article is focused on the review of the judgement standard for compliance of the documents in international standard banking practice. Since the establishment of Uniform Customs and Practice for Documentary Credits, The practices of the Credit transactions has been formed and developed with the rapidly changing progress of the international trade environment. but though the international standard banking practice have meaning to suggest a new examination standard, in practice, there are some problems on the judgement of the compliance of the documents. Therefore, for the useful judgement standard for compliance of the documents, the range of the standard should become concrete and simple so that all the related parties can forecast. and the opinions and interpretations published by ICC Banking Committee are recommended to be used, systematized and activated. and also with the change of the trade environment, the changed standard practice could be published annually for the useful use. and it will be necessary to consider to publish the publications in the form of the "White Book" Last, it is necessary to accept the changes by the needs of the times as the international standard banking practice promptly and analysis accurately its problems for the times of the electronic commerce, so that Credit systems should be settled and developed continuously as the useful means of the settlement of the proceeds conquering of the characteristics originated from the international transactions between the parties concerned.

• International Commerce and Information Review
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• v.5 no.2
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• pp.227-243
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• 2003

ISBP(International Standard Banking Practice for the Examination of Documents under Documentary Letters of Credit) was approved in Rome in October 2002 and was published in January 2003. ISBP was already stipulated on the article 13(a) of UCP 500 as the basis of examination of documents. But there was no specific contents on what is ISBP. So, by using the ISBP of the ICC, bank practitioners can bring their practices in line with these followed by their colleagues worldwide. In this Article, the writer will compare with UCP 500 and ISBP and korea banks' practice and consider the possibility of conflict among them. To the conclusion, It is recommended to reestablish the relations between UCP 500 and ISBP. And It is also required to maintain the consistency in using the terms calculation the period and using the reserving wordings.

• International Commerce and Information Review
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• v.15 no.4
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• pp.241-265
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• 2013

The purpose of this paper is to examine the Banks's Examination of Documents in the L/C Transactions. Most of all, this article deals with one of most important aspects of the law on documentary credits, namely, the compliance of documents presented with the terms and conditions of a letter of credit. In addition, the general principles of strict compliance will be considered and in the next, the requirements of specific documents such as invoices, transport documents and insurance policies. This area of letter of credit law is shaped not only by judge-made decisions but also the articles of Uniform Customs and Practice for Documentary Credits, the International Standard Banking Practice(ISBP Publication No.745) prepared by the Banking Committee of the International Chamber of Commerce as well as the position papers and opinions of the latter. Whether a document complies with the terms of a letter of credit is essentially a matter of examination and construction of the document in question against the terms of the letter of credit under which it is presented, articles of the UCP, ISBP as well as the opinions and statements of the Banking Committee. Most of all this article was focused on provisions of UCP600. Comparison with provisions of UCP500 have been drawn where appropriate.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.13
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• pp.657-677
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• 2000

Since January 1, 1999, traders, bankers and their counsels worldwide have available for their use the first set of rules exclusively dealing with standby letters of credit:the International Standby Practices(ISP98). Numerous standbys have alreadby been issued in the United States and worldwide subject to the new ISP. The international banking community is anticipating an increasing demand from their customers to issue ISP-governed undertakings. Before the adoption of ISP, traders and bankers had only the choice of issuing their standby subject to the International Chamber of Commerce's(ICC) Uniform Customs and Practices for Documentary Credits(UCP) and, to a much lesser extent, to the ICC's Uniform Rules for Demand Guarantees(URDG). However, practice showed that UCP rules are not easily adapted to regulate transnational standbys. Indeed, UCP was conceived to govern documentary credits, which are intended to serve as a means of payment. By contrast, standbys are means of guaranty. The core of UCP cannot therefore be appropriate for standby practices and, as a consequence, a number of UCP's provisions have to be excluded in the standby's text. UCP's shortcomings indicated above fulfil the requirements of a key factor for the success of uniform rules. Indeed, to achieve success in the sense of meeting the market's acceptance, any such rules should fill a widely recognized need expressed by merchant community to which such rules are addressed. The ISP cleary has such a vocation. Nonetheless, the already largely encumbered regulatory environment of guarantee devices can hardly go unnoticed. The question therefore arises as to the proper place of ISP in such a context.

• Korea Trade Review
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• v.43 no.4
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• pp.89-110
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• 2018

This paper reviews the practical operations and exceptions to the independent principle by analyzing the leading cases of English documentary credit transactions. A bank's undertaking in L/C transactions differentiates between underlying contract and other contracts. The autonomy principle is the key principle governing L/C, but this principle may be connected with unfair (unjust) payment. English Law is strongly influenced by the developments in American Law in the case of fraud, but traditionally, British courts has been very reluctant to interfere in banks' independent undertaking under the L/C. The position of British case law relating to fraud is based on Sztejn. In practice, British courts recognize fraud as an exception to the autonomy principle in which the case is sufficiently serious to render it unjust to permit the beneficiary to receive payment. British case law has historically taken a narrow approach toward intervention in the independent principle of documentary credit. Therefore, innocent parties including beneficiaries are protected by these regulations regarding fraud.

• Journal of the Korean Society of Costume
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• v.50 no.6
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• pp.177-188
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• 2000

In viewpoint of visual merchandising, display is recognized as important means of expressing fashion as well as essential factor of stimulating customers' interest in purchase. However, visual merchandising Is relatively new area and the number of specialized display personnels are limited Therefore, the purpose of this study was to investigate the practice of display in domestic fashion industry. For this study the display personnels working in 51 fashion brands were interviewed. The result was analyzed by using frequency count and percentage. It was found that few human resources were undertaking display work in various and abundant stores with relatively frequent display replacement. And main part of display work was performed outside office hours which brought out extension of working tome. Comparatively more budget assigned for ladies 'brand than mens' brand, youngsters 'than middle-ages' and obtaining display-related information was belong done mostly via domestic documentary sources and market researches. In general, optimistic attitudes were significantly shown by the interviewees that the importance of display is increasingly recognized, in the domestic fashion industry and therefore the prospect of display found to be expected as prosperous.