• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.43
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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.

• International Commerce and Information Review
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• v.10 no.3
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• pp.239-261
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• 2008

Documentary credit transactions are judged by the principle of strict compliance. The compliance of the tendered documents with the credit's teams ensures the proper completion of the underlying transaction. But if the documents tendered by beneficiary differ, a discrepancy of documents occurs. Such a discrepancy raises difficult problems for the bank to which the documents are tendered. It has to decide whether to reject or accept them or to accept them under a protective mechanism. Therefore, this study is to examine the case study of complying presentation of the description of the goods in documentary credit through the Korean Supreme Court Cases. The objectives of this paper are as follow : 1. To examine two point of views on document compliance such as strict compliance and substantial compliance. 2. To analyze Korean Case Law which challenges the legal conclusions, standard for examination of documents and New ISBP. 3. To draw out the criterion for conformity and discrepancy of description in invoices and WC and to provide the guidelines for determining the nature and extent of an issuing bank's duty of documentary compliance. 4. Finally to suggest some implications through the Korean case law. By using the examination standards for description of goods suggested in Korean Case Law and New ISBP, the traders will be able to prepare documentation more perfectly and document checkers will be able to examine the negotiation documents more easily.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.13
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• pp.581-603
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• 2000

Beneficiary must present all documents stipulated in the Credit. If the documents conform in all respects with the terms and conditions of the Credit, beneficiary has a right to payment from an issuing or confirming bank. And banks must examine all documents presented by beneficiary for taking up the documents. If the documents appear on their face not to be in compliance with the terms and conditions of the Credit, banks may refuse to take up the documents. But standard for compliant documents with the terms and conditions of the Credit in the UCP or Section 5 of UCC is unclear. Because UCP Article 13(a) provides merely that banks must examine all documents stipulated in the Credit ${\cdots}$ to ascertain whether or not they appear, on their face, to be compliance with the terms and conditions of the Credit. ${\cdots}$ Documents which appear on their face to be inconsistent with one another will be considered as not appearing on their face to be in compliance with the terms and conditions of the Credit. Also UCC Section 5-108(a) provides merely that. ${\cdots}$ an issuer shall honor a presentation that, ${\cdots}$ appears on its face strictly to comply with the terms and conditions of the letter of credit. All problems are not resolve with easy by these regulations. Accordingly, I examined requirements for compliant documents with the terms and conditions of the Credit on the basis of the UCP and cases. To analyse this, I divided into three requirements ; (1) Completeness, (2) Regularity, (3) Linkage.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.42
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• pp.89-107
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• 2009

The latest UCP, Uniform Customs and Practice for Documentary Credits, 2007 Revision, ICC Publication No.600 has been adopted by most banks in the world since July 1, 2007. This work intends to study some points for practical attention of UCP 600 in the field of examining documents and defining some words. Some points for practical attention of UCP 600 in the field of examining documents include the period for examining documents, the conflict with data in the documents, and the fulfilling the function of documents. Some points for practical attention of UCP 600 in the field of defining some words include the complying presentation, negotiation, and nominated banks. Furthermore, this work studies some points for practical attention of UCP 600 in relation to the nomination and the missing in the course of sending documents.

• Journal of The Korean Association For Science Education
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• v.23 no.4
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• pp.401-418
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• 2003

The purpose of this study was to examine philosophical views on science of two influential curriculum documents, AAAS' s Benchmarks for Scientific Literacy (Benchmark) and NRC's National Science Education Standards (Standard), and to get educational implications about a desired philosophical view on science at a school science level. In order to determine the philosophical views on science explicitly suggested in the documents, Soh's Philosophical Perspectives Probe (PPP) was used as a framework for analysis. Forty preservice teachers reviewed the documents, extracting paragraphs with which statements of the PPP' s questions would agree. The results of the study were as follows: First, the Benchmark's philosophical view on science corresponds to the borderline between inductivism and eclecticism, or eclecticism close to falsificationism. The philosophical positions by the PPP' s themes are very different. Second, the Standard's philosophical position on science corresponds to inductivism close to eclecticism. Its philosophical position by the themes of the PPP is very different like the Benchmark. These results indicate that philosophical positions of the documents are more complex than popular conceptions would have it. That is to say, the results suggest that the science curriculum documents hold not only a contemporary philosophical view on science but also a traditional view on science, and that the philosophical positions on science are different from each other by documents and even by the PPP's themes in the same document. The results suggest that the philosophical views on science in school science contexts need to be adjusted and presented to K-12 students according to topics related to philosophy of science.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.38
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• pp.123-152
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• 2008

It is a basic rule in the credit law that original documents are required unless otherwise stipulated by the credit. Due to modern technology enabling documents to be produced in many ways it may not always to decide whether a document is original or a photocopy. In consideration of modern technology and the advent of new methods of document production, ICC has drawn up the provisions on original documents in Article 22 (b) of UCP 400 for the first time. The equivalent provision in UCP 500 is Article 20 (b). As a result of many queries to ICC Banking Commission on what constitutes an "original" documents under UCP 500 and several court cases in connection with original documents, the ICC Banking Commission has issued Decision on original documents in July 1999. Based on this Decision, the ICC dealt it in Article 17 under UCP 600 which came into force on July 1, 2007. There are some changes, replacements and new provisions of UCP 600 concerning original documents and copies. Importers, exporters, insurance companies, other third parties and, above all, banks should pay attention to some changes and implications of UCP 600 concerning original documents and copies. The purpose of this paper is to examine the provisions on original documents and copies under UCP 600. For this purpose, firstly this study deals with the relative provisions on original documents and copies under pre-UCP 600. Secondly this study considers the provisions on original documents and copies under UCP 600. Thirdly this study compares the provisions under pre-UCP 600 with the provisions under UCP 600. Finally this study analyzes the cases decided both home and abroad in connection with original documents. This paper contribute to help the parties to letters of credit to understand the provisions on original documents and copies under UCP 600.

• Journal of Korea Technical Association of The Pulp and Paper Industry
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• v.46 no.2
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• pp.22-29
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• 2014

Many government agencies have used domestic deacidification equipments to stabilize archives; however, no agency has verified archives' current preservative status. We studied the Nara National Archives' documents that had treated by mass deacidification process from 2001 to 2012, in order to examine the documents' preservative status and how efficient the mass deacidification has been. Approximately 1% of total 112,970 Nara National Archives' documents treated by mass deacidification were randomly selected and evaluated on their current measure of acidity and color change. Regardless of the kinds of document material, a wide range of pH level was found. Especially those documents that were treated by mass deacidification equipment after 2006 showed acidic conditions that were less than pH 6.8 level. Those documents were probably not treated properly by deacidifying chemical because of tightly packing style. The current measures of acidity and color records will be useful as a reference for future evaluations of further decay of the documents. It was the first study to evaluate acidity and color conditions of Nara National Archives' documents treated by mass deacidification equipment. We concluded that when using mass deacidification equipment, archives should not be loaded tightly in order for them to be fully in contact with deacidifying chemical.

• Korean Journal of Oriental Medicine
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• v.17 no.2
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• pp.29-37
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• 2011

The purpose of this study is to introduce the historical material documents 'Kumgo'("檢考"), 'Haeyeongkumandenglok'("海營檢案謄錄"), 'Wanyeong-kumjedenglok'("完營檢題謄錄冊") which were possessed by C.V. Starr East Asian Library, University Of California Berkeley. These documents are a kinds of the coroner's inquest reports that were made out by the provincial magistrate of the Chos$\u{o}$n dynasty in the nineteenth century. The important contents of these documents consist of the murder cases include the trial records of the persons who connected with the case and the reports of the corpse, etc. Especially, 'Kumgo'("檢考") is the investigator's guide book, the outline of this book is how to investigate the murder's case and how to make out the reports. The 'Haeyeong-kumandenglok'("海營檢案謄錄") is an old book of the transcribe from the many kinds of the murder case's reports which were occurred in Whanghae province("黃海道"), 1882-1884. The book of the 'Wanyeong-kumjedenglok ("完營檢題謄錄冊") is transcribe from the text of the murder's case decisions by the provincial magistrate, in Jeonra province("全羅道"), 1837-1839. The result of this study is as follows ; These documents have the valuable material factors especially in the fields of korean old law, social, woman history. and it seems that these documents will be used in the variety fields of the human scientific researches.

• East Asian Journal of Business Economics (EAJBE)
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• v.9 no.3
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• pp.15-28
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• 2021

Purpose -In the credit transaction, the issuing bank must examine the documents to pay the credit amount. In order to smoothly execute the credit transaction, document review is a key element, so the 5th revised credit unification rule specifically defines the document review procedure. Research design, data, and methodology - The document review procedure specified in the UCP Rules can be largely divided into the document review period and the rejection procedure for inconsistent documents. First of all, confusion was caused by the ambiguous regulation.. Result - With regard to the document review period, in the actual credit transaction, the issuing bank often negotiates with the issuing client about the waiver of the document inconsistency. Next, in the process of notifying the rejection of inconsistent documents, the issuing bank shall send the rejection notice. Conclusion - This study suggests that the requirement to list all inconsistencies makes it impossible for the issuing bank to further notify the refusal, thereby limiting the right to defend against inconsistencies not listed in the first refusal notice and consequently having the effect of matching them. In addition, the issuing bank's rejection notice is closely related to the beneficiary's exercise of the right to replenish documents.

• International conference on construction engineering and project management
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• 2022.06a
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• pp.67-73
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• 2022

Construction bid documents contain various errors or discrepancies giving rise to uncertainties. The errors/discrepancies/ambiguities in the bid document, if not identified and clarified before the bid, may cause dispute and conflict between the contracting parties. Given the fact that bid document is a major resource in estimating construction costs, inaccurate information in bid document can result in over/under estimating. Thus, any questions from bidders related to the errors in the bid document should be clarified by employers before bid submission. This study aims to examine the pre-bid queries, i.e., pre-bid request for information (RFI), from state DoTs of the United States to investigate error types most frequently encountered in bid documents. For the study, around 200 pre-bids RFI were collected from state DoTs and were classified into several error types (e.g., coordination error, errors in drawings). The analysis of the data showed that errors in bill of quantities is the most frequent error in the bid documents followed by errors in drawing. The study findings addressed uncertainty types in construction bid documents that should be checked during a bid process, and, in a broader sense, it will contribute to advancing the construction management body of knowledge by clarifying and classifying bid risk factors at an early stage of construction projects.