• 무역상무연구
• /
• 제25권
• /
• pp.99-119
• /
• 2005

Recently, the export claims related to the compliance of the commercial invoice are increasing. This paper aims to review the basic requirements of the invoice, and two theories on the document compliance, i.e., the strict compliance and the substantial compliance, and to analyse the substantial compliance of the invoice through some recent cases under the UCP 500, ICC's opinions and the International Standard Banking Practice (ISBP). As regards the compliance of the invoice, a majority of the cases has held that it must comply strictly with the credit terms ("strict compliance rule"). However, a minority of courts and credit industry standards such as the UCP and ISBP published by ICC take a different approach, infusing the credit law notions such as equity, "substantial compliance rule", etc. The extent of the substantial compliance of the invoice is particularly explained in the above-mentioned invoice paragraphs of the ISBP and supported by a large number of ICC's official opinions. Especially, the parties and descriptions in the invoice must correspond with those in the credit, being not inconsistent with the other documents. Other issues related to invoices such as a tolerance of the quantity, the amount, and the number of originals or copies, etc. must comply with the credit terms substantially.

• 무역상무연구
• /
• 제41권
• /
• pp.79-102
• /
• 2009

L/C transaction, the most important issue for the seller and the buyer is the theory of documentary transaction and the theory of strict compliance which are the principles of L/C transactions. According to the leading cases in England and America where the practice of L/C transactions was created and developed, the descriptions of the commodities specified on all the documents which are submitted based on an L/C, should be identical to the descriptions of commodities specified in the L/C. And further, many leading cases of L/C continuously repeat to emphasize strict compliance. However, the recent leading cases in and out of the country show that the principle of strict compliance is being weakened. The leading cases in America show two trends of weakening the principle of strict compliance. That is, on the contrary to strict compliance, tends to apply substantial compliance (which puts more value on the substance of the documents). These leading cases reflect the attitudes of the judicial and the legislative authorization that don't want to approve formal approach to the commercial law. Recently, the Supreme Court of Korea is giving a decision on the principle of strict compliance, "The documents attached to an L/C should strictly comply with the conditions in the L/C, but it doesn't mean that they should be perfectly identical without any mistake in words. In case the bank can understand through reasonable care that a small mistake in words is too trivial to give different meaning or to give damage to the conditions of the L/C, the documents are regarded to comply with the conditions of the L/C. However, the judgment should be based on whether the difference between the documents and the L/C can be admitted by the international standard bank transaction practice or not." This decision tells that the principle of strict compliance is quite much modified so application of this modification can't be ignored. However, from the viewpoint of the party who requests to open an L/C, there is a criticism that a bank's arbitrary judgement can be involved. Therefore, reviewing the original purpose of L/C transactions (activating international transactions), the principle of strict compliance may be thought old-fashioned because it emphasizes a form, but in reality, for prompt transaction and payment, the principle of strict compliance should be observed in L/C transactions. And further, if a legislative device is prepared to systematically compensate for several side-effects, the principle of strict compliance will improve dynamic flow of prompt and low-costly L/C transactions. On the other hand, it will be able to protect the interested parties.

• 무역상무연구
• /
• 제49권
• /
• pp.139-164
• /
• 2011

Traditionally courts have been adopted over the years two standards of dealing with compliance of documents such as strict compliance and substantial compliance and the substantial compliance, which was somewhat less demanding than the strict compliance. However the new guidelines of ICC's international standard banking practice for the examination of documents under documentary credits set up how the UCP is to be applied in practice. The payment obligations of an issuing bank to a beneficiary are independence of the performance or the nonperformance of any contract underlying the letter of credit. However, strictly applying the principle of independence and abstraction could produce unfair results by operating unjustly enrich an unscrupulous beneficiary in case of fraud. Accordingly, when a beneficiary presents complying documents, the issuing bank is bound to honour the presentation unless the fraud rule applies on the facts of the case such as forged or material fraud. If it does, the issuing bank(issuer) needs not pay despite the complying presentation of documents by the beneficiary under the Uniform Commercial Code Article 5-109 and case law in America. However the fraud rule was not addressed in UCP 600. In conclusion, view in terms of legal principle and the court cases is variable and difficult to honour or dishonour the presentation in case of application of the independence principle and fraud rule such as the problems on burden of proof timely, possibility of granting injunction in order to protect against victim for bona fide applicant.

• 통상정보연구
• /
• 제10권3호
• /
• pp.239-261
• /
• 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.

• 무역상무연구
• /
• 제13권
• /
• pp.495-513
• /
• 2000

In this paper, I examined the terms of letter of credit and standard for examination of documents. In connection with the test of standard, I reviewed the bank's reasonable care, inconsistence and linkage between documents, non-documentary conditions and the treatment of discrepant documents. Traditionally credit law is founded on two principles such as the standards of strict of compliance and substantial compliance, but these standards are not consistency. Moreover although the Uniform Customs and Practice for Documentary Credits(UCP) introduces a new standard for examination of documents by incorporating international banking practice, the standards for documentary compliance have created ambiguity. Accordingly, I suggest that the standard requires strict compliance between party concerned in letter of credit transactions but only requires international standard banking practice in customer relationship. Therefore the standard and the specific guideline should be prescribed in the next version of the UCP.

• Tuberculosis and Respiratory Diseases
• /
• 제82권1호
• /
• pp.6-14
• /
• 2019

Sepsis is a life-threatening condition caused by infection and represents a substantial global health burden. Recent epidemiological studies showed that sepsis mortality rates have decreased, but that the incidence has continued to increase. Although a mortality benefit from early-goal directed therapy (EGDT) in patients with severe sepsis or septic shock was reported in 2001, three subsequent multicenter randomized studies showed no benefits of EGDT versus usual care. Nonetheless, the early administration of antibiotics and intravenous fluids is considered crucial for the treatment of sepsis. In 2016, new sepsis definitions (Sepsis-3) were issued, in which organ failure was emphasized and use of the terms "systemic inflammatory response syndrome" and "severe sepsis" was discouraged. However, early detection of sepsis with timely, appropriate interventions increases the likelihood of survival for patients with sepsis. Also, performance improvement programs have been associated with a significant increase in compliance with the sepsis bundles and a reduction in mortality. To improve sepsis management and reduce its burden, in 2017, the World Health Assembly and World Health Organization adopted a resolution that urged governments and healthcare workers to implement appropriate measures to address sepsis. Sepsis should be considered a medical emergency, and increasing the level of awareness of sepsis is essential.

• Journal of Korea Trade
• /
• 제25권3호
• /
• pp.1-20
• /
• 2021

Purpose - The purpose of this paper is to examine the welfare effects of standards harmonization between technologically asymmetric countries, and to determine optimal harmonization strategies for a country with mid-level technological advancement. Design/methodology - Following Salop's circular city model (Salop, 1979), this study constructs a simple, horizontally-differentiated oligopoly model in which three firms and three countries exist. Each country adopts different compatibility standards and each firm incurs conversion costs for foreign market access due to differences in standards. The conversion costs are related to technology; standards harmonization removes these costs between participating countries. The paper considers three cases: i) no harmonization; ii) harmonization with the more technologically-advanced country and iii) harmonization with the less technologically-advanced country. Findings - The paper first considers a scenario in which all three firms occupy some share of the market in each country. It shows that standards harmonization with both the technologically moreor less-advanced country always increases consumer surplus and social welfare. In addition, the producer surplus will increase if the harmonization partner has a higher technology level, whereas it may decrease if the partner has a lower technology level. It also shows that if most domestic export goods are in sectors with conversion costs above a certain level, harmonizing standards with a technologically more-advanced country should be prioritized. Such strategies, moreover, should be emphasized when there exists a large technology gap among countries. Lastly, the paper considers another scenario, in which harmonization leads to the foreclosure of the non-member firm from the member countries' markets. It shows that harmonization improves the social welfare of a mid-level technology country regardless of its partner's technology. It also shows that the country should prioritize harmonization with the technologically less-advanced country. Originality/value - Though some of the existing studies consider the welfare effects of harmonization, their main assumption is that firms have the same conversion technology. Since complying with standards often requires substantial technological advancement and technical expertise, harmonization of compatibility standards between countries with gaps in technological ability carries different implications. This paper investigates the welfare effects of this harmonization and determines an optimal harmonization strategy while considering technological asymmetry among countries in standards compliance.

• 대한치과교정학회지
• /
• 제34권2호
• /
• pp.177-188
• /
• 2004

교정치료 시기의 적기이며 내원 환자의 많은 부분을 차지하고 있는 청소년기 교정환자의 치료 협조도에 영향을 미치는 요소들에 대해 파악하고자 강릉대학교 치과병원 교정과에서 10개월 이상 동적 치료를 받은 중학교 1학년 이상, 고등학교 3학년 이하 남녀 청소년 60명 (남자 23명, 여자 37명)을 대상으로 인구학적 변인에 따른 치료 협조도를 비교하고 성별, 학령, 치료 협조도에 따른 교정적 태도 척도, 교정용 내외통제소재 척도를 측정, 비교 분석하여 다음과 같은 결과를 얻었다. 1. 교정용 내외통제소재 척도를 조사 분석한 결과 외적통제-부모의 항목에서 성별에 따라 유의한 차이가 인정되었으며(p<0.05) 남학생이 여학생보다 높은 외적통제-부모의 양상을 나타내었다. 2. 교정용 내외통제소재 척도를 조사 분석한 결과 협조적인 환자 군과 비협조적인 환자 군간에 외적통제-부모 항목에서 유의성 있는 차이가 인정되었으며(p<0.05) 교정치료에 대해 협조적인 군에서 외적통제-부모에 대한 인식이 보다 높았다. 3. 교정 치료를 권유하거나 치료받기를 결정한 사람과 치료시의 협조도 사이에는 통계적으로 유의한 차이가 인정되었으며(p<0.05) 환자 자신의 결정에 의한 경우 가장 높은 협조도를 나타내었다. 4. 치료기간과 협조도 사이에 유의한 차이가 인정되었으며 (p<0.05) 치료기간이 길어질수록 협조도는 지속적으로 감소하였다. 5. 교정적 태도 척도를 조사 분석한 결과 성별, 중학생과 고등학생간, 협조적인 환자군과 비협조적인 환자군 사이 에 통계적으로 유의한 차이가 없었다. 6. 교정치료 시 협조정도와 한자의 성별, 연령, 가족관계, 부모의 직업 및 학력, 학업성적, 양치횟수 등의 변인과는 통계적으로 유의한 차이가 인정되지 않았다.

• 통상정보연구
• /
• 제13권3호
• /
• pp.143-166
• /
• 2011

현재 원산지 규정이 국제무역상 쟁점으로 등장하게 된 주된 이유는 원산지규정이 각 국가마다 상이할 뿐만 아니라 그 자체의 불명확성, 복잡성, 차별적 적용 가능성으로 인해 상당한 무역장벽으로 작용하고 있기 때문이다. 또한, 생산의 글로벌화 글로벌 기업 활동이 증가함에 따라 2개국 이상에 걸쳐 생산된 물품이 증가하여 해당품목의 원산지가 어디인지 결정 문제가 발생하는 사례가 발생한다. 본 연구에서는 원산지규정에 관한 가장 기초적이고 기본적인 연구로 원산지 결정기준에 대해 연구하였다. 이를 위해 한 미국 FTA, 한 EU FTA, 한 ASEAN FTA 원산지규정을 연구 대상으로 하여 관련 사례를 구체적으로 분석하여, 상호 비교를 통해 시사점을 파악하고자 하였다. 분석 결과, 한 미 FTA, 한 EU FTA와 한 ASEAN FTA로 원산지결정은 부가가치기준(value percentage content), HS 세번변경기준(change of tariff heading), 특정공정기준(specific process rule) 등이 이용되며 실질변형기준은 한 미 FTA에서는 역내에서 창출된 부가가치가 일정 수준 이상이면 그 국가를 원산지로 인정하는 방식 (RVC : Regional Value Content)을 인정하고 있으며, 한편, 한 EU FTA에서는 역외산 부품 및 원재료의 금액이나 수량이 일정 기준 이하로 사용되는 경우 원산지자격을 부여하는 방식 (MC : Import Content)을 인정하고 있다.

• Journal of Periodontal and Implant Science
• /
• 제51권4호
• /
• pp.239-253
• /
• 2021

Purpose: The single-flap approach (SFA) is a minimally invasive technique with limited mucoperiosteal flap elevation to gain access to the buccal/palatal aspects, thus limiting post-surgical complications. The purpose of the present study was to gain insights into the impact of the SFA over the double-flap approach (DFA) on periodontal flap treatment outcomes and patient compliance in terms of discomfort and time taken for surgical procedures. Methods: Twenty patients with persistent probing pocket depths of ≥5 mm were scheduled for the SFA (test site) and for the DFA (control site). All the clinical periodontal parameters were recorded at baseline, 3 months, and 6 months. Radiographic bone level (cone-beam computed tomography) was evaluated at baseline and 6 months. Patients' postoperative pain perception and wound healing were also assessed. Results: The SFA showed a significant reduction in periodontal pocket depth, gain in clinical attachment level (CAL), and gain in bone level when compared with the DFA. The SFA substantially improved wound healing and induced less postoperative pain than the DFA. Conclusions: The SFA resulted in substantial improvement in the composite outcome measures, as shown by a reduction in pocket depth with minimal gingival recession, gain in CAL, early wound healing, less postoperative discomfort, and better patient-centered outcomes.