• 제목/요약/키워드: Lading

검색결과 158건 처리시간 0.024초

컨테이너 연안해송 활성화에 관한 연구 -부산항을 중심으로- (On Promoting the Coastal Transport of Container)

  • 노홍승;이철영
    • 한국항만학회지
    • /
    • 제7권1호
    • /
    • pp.43-58
    • /
    • 1993
  • There has been fast progress in economy in Korea derived by a consecutive five-year plan program for economic development started in the early 1960's. In the field of transportation, rapid changes in the technological environment of transportation and communication have brought a revolution of the transport system, of which inter-modal transportation through containerisation is typical. Because of the rapidly growing traffic volumes of cargo, especially container traffic, and lack of investment into transport infrastructure in the past, both road and railway are beyond their capacity. As a result, the public-road network has suffered a serious congestion problem. For instance, in relation to the corridor between Seoul and Pusan, today, it takes about 14 hours for the journey of container trailer through Kyongbu Expressway, for which it used to take only 7 hours in 1986. For the railway, though the congestion problem is not very serious compared with the road sector, a shortage of capacity on certain main lines has emerged as a problem as railway traffic has increased. Furthermore, the further expansion of the system in near future is difficult due to burden of higher construction the cost. Unlike these two modes, coastal shipping, which has been paid relatively less attention for commodity transport in Korea, shows no constraint in this respect. In addition, it is the most cost efficient mode of transport. This work therefore aims to make a proposal for the alternative inland transportation mode, which is to promote the coastal transport of container. Three obstructing factors for the promotion of the coastal transport are investigated and some solutions for those are suggested as follows : First, it appears to be essential to provide exclusive ports for the coastal shipping, that comply with simplification, specialization and rationalization. The optimum size of berths on the exclusive ports in Pusan port is estimated as 16-20. We found that it needs periodical study and publicity on the advantages from the adoption of the coastal mode. Inducing competition in the coastal shipping market is also necessary. For the supply of the fleet in the coastal shipping, chartering of the surplus ships in the oversea shipping is found to be more desirable than new shipbuilding. Second, to solve the fragmentation of the companies which wish to participate in the coastal transport, government has to implement the subsidy policy. The encouragement of participation of the shipping lines engaging in Korea-Japan run and Korea-East South Asia run, into coastal shipping also needs to be considered cautiously. Third, simplification of the document for entry in ports is needed for rational coastal shipping management. We can use B/L (Bill of Lading) for coastal shipping as a prerequisite to get the indemnity by P & I Club. The reduction of the government controls on entering and leaving the ports also needs.

  • PDF

리눅스 커널 변수 취약성에 대한 소스레벨 발견 방법론 (A Source-Level Discovery Methodology for Vulnerabilities of Linux Kernel Variables)

  • 고광선;강용혁;엄영익;김재광
    • 정보보호학회논문지
    • /
    • 제15권6호
    • /
    • pp.13-25
    • /
    • 2005
  • 오늘날 리눅스 운영체제는 임베디드 시스템, 라우터, 대규모 서버에 이르기까지 다양한 분야에 사용되고 있다. 이는 리눅스 운영체제가 추구하는 커널 소스 공개 정책이 시스템 개발자들에게 여러 가지 이점을 주기 때문이다. 하지만 시스템 보안 측면에서 볼 때, 리눅스 커널 소스 공개는 보안상 문제점을 발생시킬 수 있는데, 만일 누군가가 리눅스 기반의 시스템을 공격하려 한다면 그 공격자는 리눅스 커널의 취약성을 이용하여 쉽게 시스템을 공격할 수 있기 때문이다. 현재까지 소프트웨어의 취약성을 분석하는 방법은 많이 있었지만 기존의 방법들본 방대한 크기의 리눅스 커널 소스에서 취약성을 발견하기에 적합하지 않다. 본 논문에서는 소스레벨 리눅스 커널 변수 취약성을 발견하는 방법론으로 Onion 메커니즘을 제안한다. Onion 메커니즘은 두 단계로 이루어져 있는데, 첫 번째 단계는 패틴매칭 방법을 이용하여 취약 가능성이 있는 변수들을 선정하는 단계이고, 두 번째 단계는 선정된 변수들의 취약 여부를 시스템 콜 트리를 이용해 검사하는 단계이다. 또한 본 논문에서 제안한 방법론을 이미 알려진 두 가지 소스레벨 취약성에 적용한 결과를 보인다.

신용장거래에서 운송서류 불일치에 대한 지급거절 (Payment Refusal against Discrepancy in Transport Document under L/C Transaction)

  • 이정선
    • 무역학회지
    • /
    • 제42권2호
    • /
    • pp.205-225
    • /
    • 2017
  • 본 연구는 신용장거래에서 불일치서류에 대한 은행의 지급거절통지의 절차를 한·중 판례를 중심으로 고찰한다. 한·중 무역거래 비중이 높은 상황에서 한국 기업과 신용장을 개설하는 우리나라 은행들이 서류심사 결과로서 지급거절을 통지함에 있어 주의해야 하는 사항들과 신용장 관련 분쟁을 해결하기 위한 방안에 대한 제언을 목적으로 한다. 본 연구에서 고찰한 판례는 중국 매도인이 개설은행을 상대로 중국법원에 소를 제기한 것으로, 개설은행의 지급거절통지가 UCP 600 제16조 (c)항 (ii) (iii)의 내용적인 요건을 충족하지 못한다고 판시한 중국법원의 판결이다. 본 판결을 볼 때, 우리나라 기업들과 신용장 개설은행들은 첫째, UCP 600 제16조 (c)항의 규정에 근거하여 하자에 대한 통지의 내용을 자세하게 기재해야 한다. 둘째, 신용장 계약에서도 무역계약 마찬가지로 준거법에 대한 합의를 명확히 하는 것이 필요하다. 셋째, 한·중거래에서 중국법원의 편파적인 판결과 더불어 외국법원의 판결이 중국에서 집행이 어려운 점을 감안해서 분쟁해결 방식으로 중재를 활용하는 것이다. 신용장 개설 시 중재조항을 삽입하여 법적인 효력을 갖도록 하고, 국제신용장중재센터나 DOCDEX 시스템을 활용하는 것을 권고한다.

  • PDF

혼합결제방식에서 수입화물선취보증서 발행은행의 보증책임 범위 (The Range of Guarantee Responsibility by an Issuing Bank of Letter of Guarantee under Mixed Settlement Method)

  • 이정선;김철호
    • 무역학회지
    • /
    • 제41권2호
    • /
    • pp.231-250
    • /
    • 2016
  • 본 연구는 선하증권이 발행된 국제무역거래에서 화물이 서류보다 일찍 도착하여 원본 선하증권 없이 화물을 인도 받기 위해 국제적으로 통용되고 있는 상관행인 수입화물선취보증서를 기존 연구와 다른 관점에서 고찰하고자 한다. 혼합결제방식 하에서 발행된 수입화물선취보증서의 보증책임 범위를 판례를 통해 분석하고 국제적인 상관행으로 자리잡고 있는 수입화물선취보증서의 원활한 활용을 위한 다음 두 개의 대안을 제언한다. 첫째, 혼합결제방식을 이용한 경우, 수출업자는 상업송장을 발행함에 있어 결제방식의 결제대금을 각각 분리해서 발급해야 수입화물선취보증서의 보증책임 한도에 대한 명확한 의사표시가 이루어질 수 있을 것이다. 둘째, 수입화물선취보증서의 발행은행은 보증서 발행의 보증책임 범위를 명확히 하기 위해 기존 양식에 책임한도를 제한한다는 취지의 문구를 추가한 새로운 수입화물선취보증서 양식의 구축이 필요하다.

  • PDF

"무역상무(貿易商務)에의 역사적(歷史的) 어프로치와 무역취인(貿易取引)의 전자화(電子化)" (E-Commerce in the Historical Approach to Usage and Practice of International Trade)

  • 춘홍차
    • 무역상무연구
    • /
    • 제19권
    • /
    • pp.224-242
    • /
    • 2003
  • The author believes that the main task of study in international trade usage and practice is the management of transactional risks involved in international sale of goods. They are foreign exchange risks, transportation risks, credit risk, risk of miscommunication, etc. In most cases, these risks are more serious and enormous than those involved in domestic sales. Historically, the merchant adventurers organized the voyage abroad, secured trade finance, and went around the ocean with their own or consigned cargo until around the $mid-19^{th}$ century. They did business faceto-face at the trade fair or the open port where they maintained the local offices, so-called "Trading House"(商館). Thererfore, the transactional risks might have been one-sided either with the seller or the buyer. The bottomry seemed a typical arrangement for risk sharing among the interested parties to the adventure. In this way, such organizational arrangements coped with or bore the transactional risks. With the advent of ocean liner services and wireless communication across the national border in the $19^{th}$ century, the business of merchant adventurers developed toward the clear division of labor; sales by mercantile agents, and ocean transportation by the steam ship companies. The international banking helped the process to be accelerated. Then, bills of lading backed up by the statute made it possible to conduct documentary sales with a foreign partner in different country. Thus, FOB terms including ocean freight and CIF terms emerged gradually as standard trade terms in which transactional risks were allocated through negotiation between the seller and the buyer located in different countries. Both of them did not have to go abroad with their cargo. Instead, documentation in compliance with the terms of the contract(plus an L/C in some cases) must by 'strictly' fulfilled. In other words, the set of contractual documents must be tendered in advance of the arrival of the goods at port of discharge. Trust or reliance is placed on such contractual paper documents. However, the container transport services introduced as international intermodal transport since the late 1960s frequently caused the earlier arrival of the goods at the destination before the presentation of the set of paper documents, which may take 5 to 10% of the amount of transaction. In addition, the size of the container vessel required the speedy transport documentation before sailing from the port of loading. In these circumstances, computerized processing of transport related documents became essential for inexpensive transaction cost and uninterrupted distribution of the goods. Such computerization does not stop at the phase of transportation but extends to cover the whole process of international trade, transforming the documentary sales into less-paper trade and further into paperless trade, i.e., EDI or E-Commerce. Now we face the other side of the coin, which is data security and paperless transfer of legal rights and obligations. Unfortunately, these issues are not effectively covered by a set of contracts only. Obviously, EDI or E-Commerce is based on the common business process and harmonized system of various data codes as well as the standard message formats. This essential feature of E-Commerce needs effective coordination of different divisions of business and tight control over credit arrangements in addition to the standard contract of sales. In a few word, information does not alway invite "trust". Credit flows from people, or close organizational tie-ups. It is our common understanding that, without well-orchestrated organizational arrangements made by leading companies, E-Commerce does not work well for paperless trade. With such arrangements well in place, participating E-business members do not need to seriously care for credit risk. Finally, it is also clear that E-International Commerce must be linked up with a set of government EDIs such as NACCS, Port EDI, JETRAS, etc, in Japan. Therefore, there is still a long way before us to go for E-Commerce in practice, not on the top of information manager's desk.

  • PDF

신용장거래에 있어서 개설의뢰인의 서류심사 및 통지의무 (The Applicant's Liability of Examination of Document and Notification of the Discrepancies in Credit Transaction)

  • 박규영
    • 통상정보연구
    • /
    • 제8권4호
    • /
    • pp.105-121
    • /
    • 2006
  • This study is related with the judgements of our country's supremcourt against the transaction of Letter of Credit which is beneficiary's fraudulent trade deal. In this case I think to analyse the judgements and to present the basic grounds on which the judgements were established. In Letter of Credit transaction, there are the major parties, such as, beneficiary, issuing bank, or confirming bank and the other parties such as applicant, negotiating bank, advising bank and paying bank. Therefore, in this cases, the beneficiary, the French Weapons' Supplier who did not shipped the commodities, created the false Bill of Lading, let his dealing bank make payment against the documents presented by him and received the proceeds from the negotiating bank or collecting bank, thereafter was bankrupted and escaped. For the first time, even though the issuing bank conceived that the presented documents were inconsistent with the terms of L/C. it did not received the payment approval from the applicant against all the discrepancies, made the negotiating bank pay the proceeds to exporter and thereafter, delivered the documents to the applicant long after the time of the issuing bank's examination of documents. The applicant who received the documents from the issuing bank, instantly did not examine the documents and inform to the issuing bank whether he accepted the documents or not. Long time after, applicant tried to clear the goods through custom when he knew the bill of ladings were false and founded out the documents had the other discrepancies which he did not approved. As the results, the applicant, Korea Army Transportation Command claimed, that the issuing bank must refund his paid amount because issuing bank examined the documents unreasonably according to u.c.p 500 Act 13th, 14th. In spite of the applicant's claim, the issuing bank argued that it paid the proceeds of L/C reasonably after receiving the applicant's approval of an discrepancy of document, the delayed shipment, but for concerning the other discrepancies, the trivial ones, the applicant did not examined the document and noticed the discrepancies in reasonable time. Therefore the applicant sued the issuing bank for refunding it's paid proceeds of L/C. Originally, this cases were risen between Korea Exchange Bank and Korea Army Transportation Command. As result of analysing the case, the contents of the case case have had same procedure actually, but the lower courts, the district and high courts all judged the issuing bank was reasonable and did not make an error. As analysing these supreme court's judgements, the problem is that whether there are the applicant's liability of examining the documents and informing its discrepancies to the issuing bank or not, and if the applicant broke such a liabilities, it lost the right of claiming the repayment from issuing bank. Finally to say, such applicant's liabilities only must be existed in case the documents arrived to the issuing bank was delivered to the applicant within the time of the documents examination according to u.c.p 500 Act 14, d. i. But if any the documents were delivered to applicant after time of the documents examination, the applicant had not such liabilities because eventhough after those time the applicant would have informed to the issuing bank the discrepancies of documents, the issuing bank couldn't receive repayment of its paid proceeds of document from the negotiating bank. In the result after time of issuing bank's examination of documents, it is considered that there's no actual benefit to ask the applicant practice it's liability. Therefore finally to say. I concluded that the Suprem Court's judgement was much more reasonable. In the following, the judgements of the supreme court would be analysed more concretely, the basic reasons of the results be explained and the way of protecting such L/C transaction would be presented.

  • PDF

항공화물운송상(航空貨物運送狀)의 성질(性質)과 유통성(流通性) (The Character and Negotiability of Air Waybill)

  • 이강빈
    • 항공우주정책ㆍ법학회지
    • /
    • 제4권
    • /
    • pp.65-85
    • /
    • 1992
  • The air waybill is supposed to be made out by the consignor. If the carrier makes it out, he is deemed, subject to proof to the contrary, to have done so on behalf of the consignor. The air waybill shall be made out in three original parts. The first part shall be marked "for the carrier", and shall be signed by the consignor. The second part shall be marked "for the consignee", it shall be signed by the consignor and by the carrier and shall accompany the goods. The third part shall be signed by the carrier and handed by him to the consignor, after the goods have been accepted. According to the original Warsow Convention article 8, the air waybill must contain 17 particulars or items. However, the Hague Protocol reduced to three the number of particulars required to appear on the air waybill. Only one item is obligatory, namely, the notice that the carriage is subject to the rules of the Warsaw Convention. The absence of the air waybill entails unlimited liability of the carrier because it deprives him of the right to avail himself of the provisions of the Warsaw Convention which exclude or limit his liability. The consignor shall be liable for all damages suffered by the carrier or any other person by reason of the irregularity, incorrectness or incompleteness of the particulars and statements in the air waybill. Although the contract of the carriage of goods by air is not a formal contract, the document of carriage is issued. The issue of air wayhill is not essential for the existence or validity of the contract, but serves merely as a means of proof. The Hague Protocol has lessened the consequences of the carrier's neglect to faithfully accomplish the required formalities. Henceforth, these formalities no longer constitute legal obligations. The air waybill is the consignment note used for the carriage of goods by air. It is often called an air consignment note and is not a document of title or transferable/negotiable instrument. It is basically a receipt for the goods for despatch and is prima facie evidence of the conditions of carriage. Each of the original parts of the air waybill has evidential value and possession of his part is a condition for the exercise by the consignor or cosignee of his rights under the contract of carriage. Oveall, it is an usage that under a documentary letter of credit, the consignee on the air waybill is the opening bank of the letter of credit, and the notify party is the importer who applied for the letter of credit. In Korea there is an usage as to process of cargo delivery in air transportation as follows: The carrier carries the cargo into the bonded area of the airport and gives both the notice of arrival of the cargo and the consignee's air waybill to the notify party who is the importer. Then the notify party obtains the Letter of Guarantee from the opening bank in exchange for reimbursing the amount of the letter of credit or tendering the security therefor to the opening bank. The notify party then presents this document to the customs authorities for the process of customs clearance. The opening bank becomes a consignee only to ensure repayment of the funds it has expended, and the only interest of the opening bank as consignee is the reimbursement of the money paid to the exporter under the documentary letter of credit. Just as the bill of lading in maritime law, the air waybill has always been considered negotiable although the Warsaw Convention does not emphasize this aspect of negotiability. However, the Hague Protocol article 4 corrected the situation by stating that "nothing in this Convention prevents the issue of a negotiable air waybill." This provision officially recognizes that the air waybill must meet the needs of the present day business circles by being a negotiable instrument. Meanwhile, Montreal Additional Protocol no. 4 has brought important changes. Registration by computer is acceptable and the parties to the contract of carriage are allowed to replace the air waybill with a receipt for the goods. In conclusion, as the Warsaw Convention has not details of provisions relating to the issuing of the negotiable air waybill, it is hoped that there should be supplement to the Warsaw Convention and establishment of international commercial usage with regard to the negotiable air waybill.

  • PDF

한국형 전자선하증권 활성화 전략에 관한 연구 (A Study on e-B/L Korea Service and its Facilitation Strategies)

  • 정윤세
    • 통상정보연구
    • /
    • 제13권4호
    • /
    • pp.51-79
    • /
    • 2011
  • 우리나라는 2003년부터 2008년까지 전자정부 과제로 인터넷기반의 국가전자무역망(uTradeHub)을 성공적으로 구축하여 무역의 전자화를 활성화하고 있으며, 전자무역의 마지막 단계라고 불리는 선하증권(B/L)을 전자화한 '한국형 전자선하증권 서비스(e-B/L Korea)'를 정부와 민간의 협력 하에 구축하여 시범사업을 거쳐 2009년에 공식적으로 전자선하증권 서비스에 들어갔다. 국가적 차원에서 상법을 개정하고 시행령을 만들어 선하증권을 제도화한 것은 세계 최초이며 세계 각국이 이의 성공여부에 지대한 관심을 가지고 주목하고 있다. 한국형 선하증권의 성공은 2011년 말을 기점으로 우리나라가 세계에서 9번째로 무역 1조불 클럽에 가입한 '무역강국'의 위상을 높이고 실질적으로 우리 수출입기업의 무역거래비용을 절감함으로써 향후 무역 2조불시대를 앞당길 전자무역 활성화의 시금석으로 인식되고 있다. 하지만 아직은 국가 간 연계구축망이 부재하고, 서류의 보안성과 안전성올 높이기 위한 전자인중이 국제적으로 통용되고 있는 사적인증을 배제하고 국내공인인증만을 취급하는 등 e-B/L 서비스를 활성화하기 위해서 해결해야할 문제점도 산적해 있어 실질적으로 e-Nego 서비스가 크게 확산되지 못하는 실정이다. 따라서 본 연구는 e-Nego 또는 서면전환 과정에서 발생할 수 있는 한국형 전자선하증권의 변형에 따른 문제점을 비롯하여 구조적, 제도적 문제점과 사용상 장애요인을 도출하여 이에 대한 해결방안을 제시하였으며, 한국형 전자선하증권의 특성을 검토하고 통 서비스 활용을 활성화하기 위한 전략을 제시하였다.

  • PDF