• Title/Summary/Keyword: Surrender B/L

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An Empirical Study on the Driving Force for Diffusion of Surrender B/L as an International Trade Payment Document (무역결제서류로서 Surrender B/L의 확산 동인에 관한 실증연구)

  • Hye-Young Joo;Byoung-Boo You
    • Korea Trade Review
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    • v.48 no.2
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    • pp.153-174
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    • 2023
  • Electronic bill of lading, Letter of Guarantee, Surrender B/L, Seaway Bill, etc. have been proposed as alternative tools to overcome the crisis of bill of lading, but the most useful of these is by far the Surrender B/L. However, since the Surrender B/L has various problems due to the absence of a legal basis, studies so far have been conducted focusing on these legal limitations or problems in use of the Surrender B/L. This study tried to empirically identify the factors that affect the spread of Surrender B/L by expanding this point of research view. A hierarchical regression analysis was conducted by acquiring 190 valid samples centered on member companies of the Korea International Freight Forwarders Association. In addition, the R program was used to diagnose the research data and analyze the degree of spread by region. As a result of the empirical analysis, it was found that the utilization of Surrender B/L increased due to the convenience and cost reduction effect of Surrender B/L and the apprenticeship training of forwarding companies. In addition, as a result of regional analysis, the spread of Surrender B/L was notable not only in neighboring regions but also even in areas far from Korea.

A Study on the Surrender B/L and the Subrogation Claim of Marine Cargo Insurance under International Trade Transaction (국제무역거래상 권리포기 선하증권과 관련된 해상화물보험의 대위청구권에 관한 연구)

  • LEE, Jae-Sung
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.65
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    • pp.71-94
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    • 2015
  • The insurer's right to take legal proceedings in the name of the assured against a third party who has caused loss of or damage to the goods is of particular importance in marine cargo insurance under international trade transaction. The amounts recovered in subrogation actions, known in practice simply as recoveries, form a significant element in the balancing of the cargo insurer's underwriting account by improving ing the loss record. However, even if the carrier involved in the accident have a liability for damages, in some cases can not claim damages in accordance with the after clauses and carrier's exemption clauses indemnity carrier under the contract of carriage. In recent, the dispute cases to argue damages claim of the carrier in connection with business practices of surrender B/L, the claim is dismissed cases in accordance with the Arbitration Rules of the after clauses. In the future, the surrender B/L is continually to use as a marine transport method, it may also be interested in insurance subrogation of damages claims to insurance accident by a surrender B/L.

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The Limitations against the Use of Surrender B/L under the International Banking Practice (국제은행관습상 Surrender B/L의 한계성에 관한 연구)

  • SEO, Jung-Doo
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.69
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    • pp.201-220
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    • 2016
  • A bill of lading is a document which is signed by the carrier or his agent acknowledging that the goods have been shipped on board a named vessel bound for the destination and stating the terms on which the goods so received are to be carried. Therefore, the bill of lading is a document of title enabling the holder to obtain credit from banks before the arrival of the goods, for the transfer of the bill of lading can operate as a pledge of the goods themselves. In the other words the bill of lading creates a privity between its holder and the carrier as if the contract was made. A bill of lading, for obtaining credit from banks, must appear to indicate the carrier's name and signature, the "shipped on board" notation, the port of loading and unloading stated in the sales contract and the credit. Data in the bill of lading, when read in context with the sales contract, the credit, the bill of lading itself and international standard banking practice, need not be identical to, but must not conflict with, data in that bill of lading, any other stipulated document, the sales contract or the credit. The surrender bill of lading, stamping "surrendered" on the original bill of lading by request of the shipper, is not recognized the legal effectiveness as a document of title by the statutory law and court. The surrender bill of lading may increase the risk of impossibility of payment to the holder. Therefore, the surrender bill of lading should be used restrictively between the credible parties and suggested to avoid in the other cases.

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Tensile Experiment and FE Analysis of L-type Flange Bolt Connection in Wind Turbine Support Structures (풍력터빈 지지구조물의 볼트 체결된 L형 플랜지에 대한 인장 실험 및 FE해석)

  • Dae-Jin Jung;Ik-Qhang Choi
    • Journal of Wind Energy
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    • v.15 no.2
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    • pp.37-44
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    • 2024
  • In this study, a tensile test and FE analysis were conducted on a bolt-connected L-shaped flange to evaluate its behavior and load resistance. A total of five specimens were manufactured using the inner and outer distances and bolt diameters of the L-type flange as experimental variables. As a result of the tensile test of the L-shaped flange, as the internal and external length ratio (b/a) increased, the maximum load decreased and the maximum displacement increased. As the diameter (d) of the bolt increased, the maximum load and the deformation of the wall increased. The shapes of the destruction specimens showed two forms of destruction: one due to the fall of the nut and the surrender of the bolt as the thread of the bolt and nut was worn out, followed by the surrender of the wall. As a result of FE analysis, it was found that elasto-plastic model (EPM) analysis similarly tracks the behavior of the tensile test results.

Precedents Analyses Related to Surrender Bill of lading and Practical Notes (권리포기 선화증권의 판례분석과 실무적 유의사항)

  • Choi, Seok-Beom
    • Korea Trade Review
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    • v.42 no.2
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    • pp.53-76
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    • 2017
  • To solve the crisis of bill of lading, every effort has been made to introduce the electronic bill of lading and sea waybill on a global basis. In spite of these efforts, electronic bill of lading is not introduced practically so farm but sea waybill is used in western nations to cope with the crisis of bill of lading. But there is a practice that surrendered bill of lading is used insead of sea waybill in Korea, China and Japan to do so. The surrendered bill of lading faces the problem that it is not considered legally as bill of lading and the decisions rendered by each nation's courts are different according to the usages of surrendered bill of lading. So careful consideration must be made in regard to these decisions. The purpose of this paper is to avoid the disputes in advance in using the surrendered bill of lading by analyzing the precedents for the surrendered bill of lading and finding its notes. This paper analyzed the precedents regarding the surrendered bill of lading and found the notes as follows; Firstly, the surrendered bill of lading is not a kind of bill of lading but a practice that a consignee can take delivery of the cargo without loss of time at destination without redemption of original bill of lading. Secondly, the parties must take legal steps in using the surrendered bill of lading as the bill of lading acts cannot apply to the surrendered bill of lading. Thirdly, the parties should establish their practice in using the surrendered bill of lading. Fourthly, it is reasonable to use the sea waybill as a substitute for the surrendered bill of lading.

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A Study on the Choice of Export Payment Types by Applying the Characteristics of the New Trade & Logistics Environment (신(新)무역물류환경의 특성을 적용한 수출대금 결제유형 선택연구)

  • Chang-bong Kim;Dong-jun Lee
    • Korea Trade Review
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    • v.48 no.4
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    • pp.303-320
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    • 2023
  • Recently, import and export companies have been using T/T remittance and Surrender B/L more frequently than L/C when selecting the process and method of trade payment settlement. The new trade and logistics environment is thriving in the era of the Fourth Industrial Revolution (4IR). Document-based trade transactions are undergoing a digitalization as bills of lading or smart contracts are being developed. The purpose of this study is to verify whether exporters choose export payment types based on negotiating factors. In addition, we would like to discuss the application of the characteristics of the new trade and logistics environment. Data for analysis was collected through surveys. The collection method consisted of direct visits to the company, e-mail, fax, and online surveys. The survey distribution period is from February 1, 2023, to April 30, 2023. The questionnaire was distributed in 2,000 copies, and 447 copies were collected. The final 336 copies were used for analysis, excluding 111 copies that were deemed inappropriate for the purpose of this study. The results of the study are shown below. First, among the negotiating factors, the product differentiation of exporters did not significantly affect the selection of export payment types. Second, among the negotiating factors, the greater the purchasing advantage recognized by exporters, the higher the possibility of using the post-transfer method. In addition to analyzing the results, this study suggests that exporters should consider adopting new payment methods, such as blockchain technology-based bills of lading and trade finance platforms, to adapt to the characteristics of the evolving trade and logistics environment. Therefore, exporters should continue to show interest in initiatives aimed at digitizing trade documents as a response to the challenges posed by bills of lading. In future studies, it is necessary to address the lack of social awareness in Korea by conducting advanced research abroad.

Changes in Rheological Properties of Neungee(Sarcodon aspratus) during Dehydration (능이버섯의 건조과정 중 물성의 변화)

  • 우관식;정헌상;이희봉;최원석;이준수
    • Journal of the Korean Society of Food Science and Nutrition
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    • v.33 no.7
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    • pp.1230-1236
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    • 2004
  • This study was conducted to investigate the changes in physical properties of the Neungee (Sarcodon aspratus) during dehydration and rehydration. The drying of the sample was completed within 4 hours at 5$0^{\circ}C$ with the air velocity of 1.5 m/s. The reduction in the thickness of the sample were two-fold compared with those in the surface area of the sample. During the drying period, the values of compression distance, break down, deformation rate, distortion, alleviation rate and softness decreased, whereas the values of hardness and alleviation time increased. However, the values of surrender were not changed. The color of the sample during the drying was changed to black with decreased L, a, and b values. The rehydration rate increased rapidly during first 60 min and remained constant after that. The recovery ratio after rehydration of the dried sample was about 30% and the rheological properties recovered about 44%.