• Journal of Arbitration Studies
• /
• v.18 no.2
• /
• pp.173-199
• /
• 2008

A letter of credit transaction of the preexistence have been raising one's head fraud charge problem as a result of abusing the principles of independence and abstraction. Every society has certain rules and conventions which it regards as important and most of people in any society. The paper document means a document in a traditional paper form. The eUCP credit must specify the formats in which electronic records are to be presented. In these present times, the issuance of documentary credit are performed by the SWIFT(Society for Worldwide Inter bank Financial Telecommunication) system. The eUCP have been written to allow for presentation completely electronically or for a mixture of paper documents and electronic presentation. Presentation is deemed not to have been made if the Beneficiary's notice is not received. An electronic record that cannot be authenticated is deemed not to have been presented. The e-UCP is the supplement of current existing UCP but is superior to UCP under some circumstances. The document shall include an electronic record. The place for presentation of electronic records means an electronic address. The current e-UCP is not clear on this matter. We have to note followings in case of presenting the documents electronically and applying the e-UCP. There are three principles in the letter of credit transaction, that is to say, independence and abstraction, document dealing, strict compliance. IN the electronic letter of credit, these principles are called as independence and abstraction, electronic document dealing, strict compliance.

• The Journal of the Convergence on Culture Technology
• /
• v.9 no.6
• /
• pp.257-262
• /
• 2023

As part of their marketing policy, some suppliers allow retailers a period of credit in anticipation of increasing demand for the products they supply. The opportunity to defer payments on products through credit transactions has the effect of reducing retailers' inventory investment costs, and as a result, retailers determine selling prices in anticipation of increased demand from buyers. This study aims to analyze the inventory model that determines the retailer's selling price and EOQ(Economic Order Quantity) under the assumption that the buyer's demand is an exponentially decreasing function of the retailer's selling price in the credit transaction supply chain consisting of suppliers, retailers, and buyers. The products supplied for problem analysis include the case of deteriorating products that deteriorate over time, and the effect of the credit transaction period, the index of price elasticity and the degree of deterioration on the retailer's selling price and EOQ is analyzed.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.58
• /
• pp.237-263
• /
• 2013

Traditionally, a L/C (letter of credit) has been known as a relatively low risk method of payment. This is why L/C has been used in international trade. However, L/C has a number of weak points such as high cost, long processing time, and complicated documents. Using an electronic L/C is one way to solve those weak points. In Korea, there are two types of electronic L/C. One is the EDI (Electronic Data Interchange) based L/C and the other one is the XML (Extensible Markup Language) based L/C. The former, established in 1990's, is sent from banks to the beneficiary solely through VAN (Value Added Network, KTNET) operators. On the other hand the latter, started in 2005, is sent from banks to KFTC (Korea Financial Telecommunications & Clearings Institute) for management of the L/C balance, as well as to KTNET. So far, paper L/C and EDI based L/C have been used overwhelmingly instead of XML based L/C in spite of the aforesaid disadvantages. In this paper, the authors examined empirically why the users of electronic L/C were reluctant to use XML based L/C. The results are as follows. First, the users of paper L/C were more dissatisfied than the users of electronic L/C due to many factors such as cost, the time required, and information reuse. Second, the users who have more experience with XML based L/C wanted to adopt integrated management with EDI based L/C more than the users who had not experienced XML based L/C. Third, the users who had used more than one form of L/C wanted to adopt integrated management to EDI and XML based L/C more than the users who had only used one form of L/C. Therefore, the authority for electronic L/C should consider a change of the policy from the XML based electronic L/C oriented to integrated management of the various types of L/C.

• Korea Trade Review
• /
• v.43 no.4
• /
• pp.89-110
• /
• 2018

This paper reviews the practical operations and exceptions to the independent principle by analyzing the leading cases of English documentary credit transactions. A bank's undertaking in L/C transactions differentiates between underlying contract and other contracts. The autonomy principle is the key principle governing L/C, but this principle may be connected with unfair (unjust) payment. English Law is strongly influenced by the developments in American Law in the case of fraud, but traditionally, British courts has been very reluctant to interfere in banks' independent undertaking under the L/C. The position of British case law relating to fraud is based on Sztejn. In practice, British courts recognize fraud as an exception to the autonomy principle in which the case is sufficiently serious to render it unjust to permit the beneficiary to receive payment. British case law has historically taken a narrow approach toward intervention in the independent principle of documentary credit. Therefore, innocent parties including beneficiaries are protected by these regulations regarding fraud.

• Journal of Korea Trade
• /
• v.24 no.4
• /
• pp.49-70
• /
• 2020

Purpose - The UCP is recognized as the governing law for L/C transactions, but it covers only the general details of the transaction and does not cover all complex practices. In view of this limitation, this paper examines a negotiation transaction which is most actively utilized in L/C transactions via a thorough review of the UCP provisions, analyzes the problems of the negotiation clause in the UCP, and suggests appropriate countermeasures to deal with unnecessary litigation costs. By doing so, the parties involved in the negotiation transaction would be able to avoid financial costs such as having to pay for lawsuits. Design/methodology - The present study first differentiates the general types of L/Cs (e.g., sight payment L/C, deferred payment L/C, acceptance L/C, and negotiation L/C), explains and the Article 2 and Article 12(b) of the UCP 600 where the term 'negotiation' is used, digs into the drawbacks of 'negotiation' occurring under the UCP 600, and discusses solutions to the problems found by analyzing the drawbacks descriptively. Findings - After a review of the UCP provisions on negotiation in detail, several possible problems which may occur in practice were discovered. First, as the UCP stipulates, the negotiating bank will want to delay payment to the maximum extent possible and make payment on the banking day on which the issuing bank reimburses the amount. This may lead the beneficiary towards bankruptcy or put it in financial crisis. Second, when a fraudulent transaction occurs, the negotiating bank can neither request the issuing bank to reimburse nor can it exercise its recourse right against the beneficiary because it has obtained all the rights of the beneficiary by purchasing the documents. Third, there is a practice in which the beneficiary sells the documents to its transaction bank which is not the nominated bank if the nominated bank specified in the credit is located in a third country or the exporter has no relationship with the nominated bank in the credit. In this case, whether to accept this and reimburse the non-nominated negotiating bank entirely depends on the issuing bank's decision even though such practice frequently occurs in Korea. Originality/value - There has been little research effort pertaining to negotiation transactions in detail even though negotiation L/C transactions account for around 70% in world trade notwithstanding deferred payment L/Cs and acceptance L/Cs that are also negotiated in practice. Thus, if the negotiations clause under the UCP 600 provisions were reviewed and the drawbacks of the negotiation transactions most actively used in L/C transactions were identified and examined, specific countermeasures could ultimately help smoothen the operation of L/C transactions and prevent financial losses.

• Journal of the Korean Home Economics Association
• /
• v.25 no.1
• /
• pp.93-104
• /
• 1987

The purpose of this study is to analyze the problems of present general clause to bring about consumer damages and to search for means to regulate general clause. For the purpose of this study, datas of the research on the actual condition about various trade general clause were used. And the research about various trade general clause was enforced by the government from September to December in 1984. The kind of general clause of an object of analysis is credit card, sales by visit, insurance trade, and travel intercession. As the result of analysis, many problems are found in every general clause and consumer damage by general clause are proved to be a serious state. As the means of the regulation of general clause, there are judicial regulation, administrative regulation, legislative regulation, and the establishment of a supervision committee of general clause. These four means must be cooperated mutually for the substantial regulation.

• Korea Trade Review
• /
• v.44 no.1
• /
• pp.129-142
• /
• 2019

This paper draws implications on the ship finance of the Korean ECAs for shipbuilding industry from the perspective of WTO ASCM through studying the trade disputes on export credits. In consideration of the underwriting practice on the case-by-case basis, the ECAs' law regimes and their ship finance programs as such would be judged not conferring a benefit. The ship finance of international commercial banks could be treated as a market benchmark for the purpose of determining the existence of benefit in the ECA ship finance. The ECAs share securities with international commercial banks for the same exposure to the risks in a syndicate. Therefore, WTO DSB would rule that the ECA ship finance confers no benefit for individual transactions. The items (j) and (k-1) of ASCM Annex I are not allowed to interpret a contrario.

• Asia-Pacific Journal of Business Venturing and Entrepreneurship
• /
• v.13 no.3
• /
• pp.125-140
• /
• 2018

According to statistics, it is shown that domestic SMEs rely on bank loans for the majority of fund procurement. From financial information shortage (Thin file) that does not provide information necessary for credit evaluation from banks such as financial statements. In order to overcome these problems, recently, in alternative finance such as P2P, using differentiated information such as demographics, trading information and the like utilizing Fintech instead of existing financial information, small funds A new credit evaluation method has been expanding to provide SMEs with small amounts of money. In this paradigm of environmental change, in this research, credit evaluation which can expand fund supply to SMEs by utilizing big data based on trade area information such as sales fluctuation, location conditions etc. In this research, we try to find such a solution. By analyzing empirically the big data generated in the trade area, we verify the effectiveness as a credit evaluation factor and try to derive the main parameters necessary for the business performance evaluation of the founder of SMEs. In this research, for 17,116 material businesses in Seoul City that operate the service industry from 2009 to February 2018, we collect trade area information generated for each business location from Big Data specialized company NICE Zini Data Co., Ltd.. We collected and analyzed the data on the locations and commercial areas of the facilities that were difficult to obtain from SMEs and analyzed the data that affected the Corporate financial Distress. It is possible to refer to the variable of the existing unused big data and to confirm the possibility of utilizing it for efficient financial support for SMEs, This is to ensure that commercial lenders, even in general commercial banks, are made to be more prominent in one sector of the financing of SMEs. In this research, it is not the traditional financial information about raising fund of SMEs who have basically the problem of information asymmetry, but a trade area analysis variable is derived, and this variable is evaluated by credit evaluation There is differentiation of research in that it verified through analysis of big data from Trading-area whether or not there is an effect on.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.60
• /
• pp.141-175
• /
• 2013

The purpose of this study aims to the implications by the introduction of TSU/BPO system as a instrument of trade settlement. Jointly with financial messaging provider SWIFT, the ICC Banking Commission has developed the URBPO to take into account the legitimate expectations of all relevant sectors. Once the goods have been shipped, the seller's bank uploads the shipping and logistics data to the TSU to be checked against the baseline. URBPO is the first ever set of standards in supply chain finance that governs BPO transactions worldwide. BPO enables banks to reduce the risks associated with international trade to the benefit of both buyers and sellers. A BPO is an irrevocable undertaking given by an Obliger Bank to a Recipient Bank to pay a specified amount under the condition of a successful electronic matching of data or acceptance of mismatches. The BPO should be viewed as an exercise in collaboration between trading partners and their banks. Drawings upon global standards and incorporating the benefits offered by letters of credit, the new instrument has the potential to benefit all parties in a trade transaction-and bring trade settlement into the 21st century.

• International Area Studies Review
• /
• v.13 no.2
• /
• pp.298-324
• /
• 2009

The purpose of this paper is to examine the effect of the Korean won exchange rates on the Korean service trade balance. Empirical investigation shows that the USD/KRW and JPY/KRW exchange rates have main effects on the Korean service trade balance. Service balance credit and debit(receipts and payments) are negatively related with the USD/KRW and positively related with the JPY/KRW exchange rate. The depreciation of the USD/KRW and JPY/KRW exchange rates leads to the improvement of the service trade balance. Transportation balance is affected by the USD/KRW, JPY/KRW, and CNY/KRW exchange rates, travel balance by the USD/KRW exchange rate, and other business sevice balance by the USD/KRW and JPY/KRW exchange rates.