• 무역상무연구
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• 제51권
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• pp.317-358
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• 2011

The purpose of this study aims to analyse the key differences of the sea waybill and electronic B/L in the international transport documents. Sea waybills look remarkably like ordinary bills of lading. Indeed, in two important ways, they are just like bills of lading: the front of the document will near a description of the quantity and apparent condition of the goods; and the back of the document provides evidence of the terms of the contract of carriage. They differ from bills of lading in that, far from indicating that the goods described are deliverable to the order of the shipper or of the consignee, they will make it explicit that the goods are deliverable only to the consignee. Again, different carries will do thai in a variety of ways. For example, the document may call itself non-negotiable, omitting the word order from the consignee box on the front of the document, and stating explicitly that the goods will be deliverable to the consignee or his authorised representative on proper proof of identity and authorisation. The Hague-Visby Rules and Hamburg Rules give no guidance as to any right to instruct the carrier in respect of goods while they are in transit. However, in applying Article 50 of the Rotterdam Rules, in particular when applying it in the context of seawaybills, straight bills of lading or ship's delivery orders, regard would need to be had to preserve the shipper's rights under any of those three documents even after the buyer of goods covered by them has acquired rights of its own. And, the right of control is defined at Article 1.12 of the Rotterdam Rules. The right to give instruction is further limited by the terms of Article 50.1 to three particular types of instruction in respect of the goods, relating broadly to the goods, their delivery en route, and the identity of the consignee. And, the CMI formulated the CMI Uniform Rules for Sea Waybills for voluntary incorporation into any contract of carriage covered by such a document. Recognising that neither the Hague nor the Hague-Visby Rules are applicable to sea waybills, the CMI Rules provide that a contract of carriage covered by a waybill shall be governed by whichever international or national law, if any, would have been compulsorily applicable if the contract had in fact been covered by a bill of lading or similar document of title.

• 한국전자거래학회지
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• 제7권1호
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• pp.187-206
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• 2002

The purpose of this study is to review the process for the trade settlement system between all parties involved in the commercial transaction under SURF System. SURF application is the latest value added service from bolero.net and a fully automated documentary settlement system. It extends bolero.net's capability to enable trade transactions by providing a delivery versus payment system. It has been designed as a standard, shared, infrastructure component for handling trade settlement within an electronic environment to keep step with the operation of electronic Bolero bill of Lading. It exploits the services provided by the Bolero Core Messaging Platform - secure, guaranteed transactions based on boleroXML standards to provide document compliance services with optional bank guarantees. So, SURF system can automatically check all commonly used trade documents such as commercial invoices, bills of lading and certificates of weight and analysis, etc and supports a full range of settlement options including Open Account, Documentary Collections, Documentary Credit. 58 have key features as follows, ① automatic document compliance checking, ② integrated with the Title Registry, ③ supports various forms of vender financing, ④ governed by a set of legally binding rules, ⑤ fully prepared for Straight-Through-Processing, ⑥ Enabled compliance with UCP 500.

• 무역상무연구
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• 제49권
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• pp.325-358
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• 2011

The purpose of this study aims to analyse the implications of volume contract clause with Rotterdam Rules. The Hague-Visby Rules have been in force this jurisdiction for over 30 years. In those three decades they have performed valiant service, both for the development of maritime law in this country and for the countless parties from around the world who have chosen courts and arbitral tribunals in London for the resolution of disputes arising under bills of lading or under charterparties incorporating the Hague-Visby Rules. While the Hague-Visby Rules apply only to bills of lading or any other similar documents of title and hence all other contracts of carriage are not subject to the current regime, this is not the case for the Rotterdam Rules which, broadly speaking, apply to contracts of carriage whether or not a shipping document or electronic transport record is issued. To preserve freedom of contract where necessary, however, a number of significant concessions were made and Article 80 represents one of the most controversial: that of volume contracts. However, the provision lends itself to abuse under each one of the elements as there is no minimum quantity, period of time or frequency and the minimum number of shipments is clearly just two. This means that important contracts of affreighment concluded pursuant to, for example, oil supply agreements have the same right to be excluded from the scope of application of the Rotterdam Rules. The fact that a volume contract may incorporate by reference the carrier's public schedule of services and the transport document or other similar documents as terms of the contract would make a carefully drafted booking note for consecutive shipments a potential volume contract as well.

• 통상정보연구
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• 제9권4호
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• pp.177-198
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• 2007

Since 1970s, there are many tries to realize electronic bills of lading(e-B/L) in the world and great attention has been shown to the question of law, international trade customs and realizing strategy concerned that instrument. However that tries, include Bolero which is most famous company serving e-B/L, don't succeed yet. Meanwhile, Korean government amended commercial code in order to realize e-B/L on August 3, 2007. Also The Korea Paperless Trade Center set to develop the e-B/L system by spring of 2008. So far, however, no definitive answer has been given to the way of realization of e-B/L in Korea. Getting bigger the importance of analysis to the ways of realization of e-B/L in Korea, in this paper the author attempt to examine the requirements after briefly outlining and analysing the results and problems of the tries and suggest thereby policy and strategy about the realization classified three categories.

• 무역상무연구
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• 제69권
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• pp.303-326
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• 2016

The Rotterdam Rules regulate both transport documents and the legal effect of the choice of document much more comprehensively than the existing maritime convention to bring international harmonization of issues relating to transport documents. The Rotterdam Rules use the generic term 'transport documents' rather than referring to specific title such as bills of lading, sea waybills. The generic term 'transport documents' allow four types of transport documents to be identified as follows. 1. negotiable 2. negotiable which dispense with surrender 3. non-negotiable which require surrender 4. non-negotiable. Each types of transport documents has its requirements to be satisfied. Also, the choice of transport documents affects legal effect. Thus parties to the contract of carriage not only need to know how the document will be classified at the time it is issued but also consider what the documents will bring legal consequences.

• 정보학연구
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• 제4권3호
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• pp.1-17
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• 2001

국제무역부문에서 사이버무역거래가 활발하게 이용되기 물품운송 및 무역대금결제에 이르기까지 전통적인 방식에 의한 무역보다 전자환경에 맞는 안정되고 예측가능한 시스템구축이 필요하다. WTO, OECD, UNCITRAL, APEC등과 같은 국제기구에서 전자상거래 활성화를 위한 방안이 모색되고 있고, 무역 관련 국제규범에 사이버 무역 활성화를 위한 규칙을 마련하고 있으나 전자계약, 운송서류의 전자문서화, 전자결제 등에 이용하기에는 많은 문제점을 가지고 있다. 따라서 본 논문에서는 이들 문제점들을 규명하고 전자계약의 성립과 유효성 및 권리 구제에 대한 전자적 합의의 표준화, 전자선하증권 등을 중심으로 하는 운송서류의 권리이전문제, 전자결제시스템의 개발을 통하여 사이버무역을 활성화시킬 수 있는 방안을 제시한다.

• 유통과학연구
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• 제1권1호
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• pp.1-24
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• 1999

CALS/EC is about doing business electronically. It is based on the electronic processing and transmission of data, including text, sound and video. It encompasses many diverse activities including electronic trading of goods and services, online delivery of digital content, electronic fund transfers, electronic share trading, electronic bills of lading, commercial auctions, collaborative design and engineering, online sourcing, public procuremet, direct consumer marketing, and after-sales service. It involves both products(e.g. consumer goods, specialised medical equipment) and services(e.g. information services, financial and legal services); traditional activities(e.g. healthcare, education) and new activities (e.g. virtual malls). CALS/EC will be emerging to replace and substitute the role of the conventional market. By changing and eliminating some processes of the transactions, the electronic market and the electronic commerce will redistribute the power and hence the benefits of the market activities. Traditional way of doing business may enter into the new electronic market because the role and function of trust and established reputation will be reinforced in the electronic market. The CALS/EC through the Internet has been in the spotlight in the shopping behavior of the consumers. Accordingly Corporates are trying to adapt themselves to those rapidly changing environments being affected by the Internet. Among others, particularly to be noted is the CALS/EC between corporations and consumers whose potential growth can be considered very substantial. This report, focusing on the introduction of CALS/EC for the logistics of SMEs, will allow us to prepare more efficiently for the coming 21st Century. It is obvious that CALS/EC is fast becoming the useful way of exchanging not only information but products in business between firm-to-firm and firm-to-customer.

• 통상정보연구
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• 제1권1호
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• pp.179-201
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• 1999

물류의 흐름을 배제한 CALS/EC는 있을 수 없다. CALS/EC에서도 거래의 최종단계는 고객이 요구하는 상품 또는 서비스를 전달하는 것이기 때문이다. CALS/EC를 이용한 물류정보화가 물류 문제 해결에 도움을 줄 수 있고, 전자상거래의 활성화를 가로막는 물류 문제를 분석하기 위해 새로운 환경에서의 물류 요구의 변화를 분석하였다. 전자상거래와 물류정보화 활성화와 관련하여, 전자상거래 등 산업활동의 정보화 추이를 고려한 물류체계의 고도화, 산업전반의 물류정보화 촉진을 위한 법 제도의 개선, 물류산업전반의 경쟁력 제고를 위한 규제개혁 추진, 전자상거래 활성화률 위한 통관체제의 개선 등이 필요하다.

• 정보학연구
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• 제6권4호
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• pp.147-162
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• 2003

본 논문은 전자무역거래의 환경하에서 활용될 수 있는 전자결제시스템의 유형과 현재 제공되고 있는 국제전자결제시스템의 활용상의 문제점을 살펴 보고 전자무역을 활성화할 수 있는 전자결제시스템의 발전방안을 모색하는데 그 목적을 두었다. 현재 전자무역거래에서 활용될 수 있는 전자결제시스템은 전자화폐(electronic cash), 전자수표(electronic check), 전자자금이체(electronic fund transfer), 트레이드카드(tradecard) 및 스위프트 시스템에 의한 전자신용장(electronic L/C by SWIFT system) 등이 있다. 하지만 이들에 대한 전자결제시스템의 보안성, 안정성 및 연동성을 포함하는 제도와 인프라가 제대로 구축되고 있지 않아 사용하는데 한계성을 가지고 있다. 따라서 아직 정착되고 있지 못한 국제전자결제시스템의 발전을 위해서는 정보보안기술과 인증시스템의 구축이 필요하고, 걸제서류가 전자문서로 교환될 수 있도록 해야 한다. 또한 스위프트시스템의 네트워크를 스위프트넷에 의하여 모든 당사자간에 연동시켜 안정성 있게 운용되어야 하고 기업간 거래를 위한 전자신용장을 정착시켜야 한다. 이와 더불어 전자결제와 관련된 법적${\cdot}$제도적인 국내외 인프라를 구축하여 국제전자결제시스템의 통합적 지침을 제공할 수 있도록 해야 할 것이다.

• 무역상무연구
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• 제6권
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• pp.11-51
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• 1993

This study is focused on the problems and the suggestions of proper ideas for solving them which are arisen from appling CIF, Incoterms 1990 into the contract of sale after reviewing of the contents of traditional CIF contract and the main changes of CIF, Incoterms 1990. This study summerized as follows: First, when the seller provide the buyer with non-negotiable sea waybill or inland waterway document instead of negotiable bill of lading, it is my feeling that the essence of symbolic delivery in traditional CIF contract is fading. And if the buyer has paid for the goods in advance, or a bank wishes to use the goods as security for a loan extended to the buyer, it is not sufficient that the buyer or the bank be named as consignee in a non-negotiable document. This is true because the seller by new instractions to the carrier could replace the named consignee with someone else. To protect the buyer or the bank it is therefore necessary that the original instructions from the seller to the carrier to deliver the goods to the named consignee be irrevocable. Second, CIF term can only be used for sea and inland waterway transport. When the ship's rail serves no practical purposes such as in the case of roll-on/roll-off or container traffic, CIP term instead of CIF term is more appropriate to use. Third, the EDI method still contains many legal and technical problems to be solved in order to be used thoroughly' in the international sale of goods. Therefore, the parties wishing to replace the traditional paper-based trade documents by electronic messages must exchange the agreement on EDI each other in order to prevent and sol ye unexpected problems. Forth, it may be that the goods are to be carried in bulk without such marking or naming of consignee as would amount to appropriation. Then the risk will not pass until effective appropriation has been made. Therefore, the seller needs to appropriate by issuing of separate bills of lading or delivery orders for parts of the bulk cargo. And in case the goods are bought while they are carried at sea, some problems on the passing of risk would arise. One possibility is that the buyer might have to assume risks which have already occured at the time when the contract of sale is entered into force. The other possibility would be to let the pissing of the risk concide with the time when the contract of sale is concluded. The parties are advised to ascertain the applicable law and any solution which might follow there form. Finally, Incoterms are restricted to deal with the main principles for the division of functions, costs and risks between the parties and the rest is left to their individual contract as supplemented by the custom of the trade, the individual terms of the contract of sale and the applicable law. Thus, the parties are advised to ascertain the applicable law on their individual contract of sale in order to solve the problems on the transfer of property, the remedy and so on.