• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.49
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• pp.189-212
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• 2011

As the international business increases among the nations of the world recently, it is an inevitable fact that its claims rise as well. The most reasons of the international business claims have been concentrated upon the unpaid issues. The other reasons are sequently the different interpretation of business contract's conditions, the inferior quality of the goods, the breach of shipping time, the uncertain market-claims and some problems of transportation, the quantity and bad package of the goods. As business transactions grow more complex, it becomes increasingly important to resolve claims as quickly and efficiently as possible. Recognizing the importance of comprehensive policy support for overall international trade and investment of local company in recent years, Korean government has reborn the Korea Insurance Corporation ("K-sure"). K-sure adopted a range of measures to improve management efficiency to strengthen national competitiveness and national economy by promoting oversea trade and investment. Especially, K-sure will be able cover not only export transactions but also import transactions to secure oversea natural resources and commodities vital the national economy. K-sure should be able to continue and expand the existing export insurance programs, support import transactions and lead export-oriented industrialization of Korea as the best trade insurance agency.

• Journal of Arbitration Studies
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• v.17 no.1
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• pp.137-155
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• 2007

Since China joined the WTO, the trade between Korea and China has continued to grow by leaps and bounds, making both nations become mutually important trading partners to each other. The volume of trades with China showed a rapid upward trend with an average annual increase rate of 20% and the resultant dispute is also rising. Thus, this study was aimed to make some suggestions and come up with ways of responding claims by surveying Korean trading firms which have experience in making transactions with China to investigate the current status and the actual condition of their occurrence. As a result of this study, firstly, the main cause of such dispute was shown to be the failure to perform the agreement. Secondly, there were malty verbal agreements and due to a deterioration of trust in Chinese firms, the method of a letter of credit was adopted by many Korean firms. Thirdly, the payment and credit appeared to be most important in transactions with China. A credit inquiry is a must in future transactions with China. Fourthly, the indirect cause of the occurrence of trade claims was the difference in commercial practices and as for the way of settling disputes, the agreement through negotiations between the parties involved was the most. Fifthly, small and medium firms should make more of their credit and English proficiency than large ones do.

• The Journal of Information Technology
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• v.8 no.3
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• pp.159-176
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• 2005

The Purpose of this Article is to analyze the special settlement and electronic settlement system in the international trade. First, Factoring is a fast, easy and flexible way to improve a company's cash flow and generate working capital for the company. Factoring can be short-term or part of an ongoing financing program. New companies can benefit as well, since there is no requirement for a long-term credit history. Second, Forfaiting is a method of trade financing that allows exporters to obtain cash and be free of all risks by selling their medium term receivables on a 'without recourse' basis. Forfaiting can be an alternative to export credit or insurance cover, especially for those transactions in which the export credit agency is not open to a particular country and/or bank. Third, The Bolero System is jointly financed by SWIFT(Society for World International Financial Telecommunications) which handles most of the electronic funds transfer for banks, and the Through Transport Mutual Assurance Association(the TT Club), a mutual insurance association most of whose members are drawn from the Multimodal transport industry or transport intermediaries. Fourth, TradeCard is a payment and settlement system that is an alternative to letters of crdeit. That is, TradeCard is a business-to-business e-commerce infrastructure that enables buyers and sellers to conduct and settle international trade transactions securely over the Internet.

• International Commerce and Information Review
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• v.11 no.2
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• pp.233-257
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• 2009

The 21st century is witnessing the explosive increase in the usage of internet and international electronic transactions. Due to the unique characteristics of the electronic information, substantial part of such transaction can and do take the form of cross-border transactions. However, there have not been settled appropriate set of rules applicable to the international electronic transactions. Currently, in respect to e-L/C transactions in international trade, there are laws such as Electronic Transaction Basic Act in our country, E-Trade Promotion Act, E-Signature Law, Act on Promotion of Information and Communication Network Utilization and Information Protection and Marine Charter 5 in the Commercial Law. Nevertheless, a complete legislation, that is a uniform rule for e L/C which could support e L/C transactions fully hasn't been established yet. Accordingly, those laws concerned need to improve to regulate e-L/C transactions. The purpose of this paper is to look into the national status for law readjustment to prepare for a new electronic environment and to use appropriately the e-L/C issued by electronic means, and to conduct a comparative analysis on the related regulations to introduce a pertinent laws and propose related regulations to contribute to the making of effective laws to regulate e-L/C.

• The Journal of Information Technology
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• v.5 no.3
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• pp.197-214
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• 2002

Electronic Commerce has already existed for over 20 years. The Bolero project initially had the support of TEDIS, and now is jointly financed by SWIFT(Society for World International Financial Telecommunications) which handles most of the electronic funds transfer for banks, and the Through Transport Mutual Assurance Association(the TT Club), a mutual insurance association most of whose members are drawn from the Multimodal transport industry or transport intermediaries. Bolero's mission is to provide guaranteed and secure delivery, in electronic form, of trade documentation, globally, based on a binding legal environment and common procedures, Bolero will also provide a platform for provision of neutral cross-industry services. TradeCard is a payment and settlement system that is an alternative to letters of credit. That is, TradeCard is a business-to-business e-commerce infrastructure that enables buyers and sellers to conduct and settle international trade transactions securely over the Internet. Paperless, payment-guaranteed international trade transactions - which eliminate the traditional letters of credit with electronic certifications - are widely considered the most difficult B2B transactions to conduct.

• Korea Trade Review
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• v.45 no.3
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• pp.21-33
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• 2020

This study aims to determine if the current COVID-19 event can be admitted as an excuse for non-performance in international trade transactions. In order to do so, this study selected case study method in the analysis. Firstly, the definitions of Force Majeure addressed in CISG, UCC, Chinese Law, and Korean Law were organized. Secondly, this study reviewed the avian influenza event in 2006 and the natural disaster event occurred in Guangdong, China, in 2017. In the study, three critical evaluation factors are suggested in order to be admitted as a Force Majeure event in international transactions as following: 1) possibility of foresight of the event, 2) possibility to overcome and avoid the event, and 3) the enterprise's countermeasures of the event. As an implication, this study organized the definitions of Force Majeure that were indicated in various kinds of Laws and suggested the basic framework to analyze the possibility of admittance as a Force Majeure event.

• Journal of the Korea Society of Computer and Information
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• v.22 no.1
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• pp.99-106
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• 2017

In this paper, the first to identify in detail the direct and indirect causes of trade claims and to provide a way to prevent the causes and measures specific claims. Trade claims is not the best way to prevent in advance, measures to prevent future trade claims is as follows. First, it should be the credit investigation of the counterparts. Second, the contract must determine the rights and obligations of each other through sufficient consultation with contract and faithfully perform its contractual obligations. Third, the explicit trade arbitration clause of arbitration in the contract, and shall be a sufficient review of the procedure such as import and export, international business practices, norms and partners of economic policy, foreign exchange regulations, the trade system transactions. Finally, for it is to be treated as a one-stop strengthening the organization and function, and the Ministry of Commerce and Trade Association, and KOTRA and Trade Insurance Corporation strategic support systems, such as done by covering the work on trade claims prevention and resolution in the Korean Commercial Arbitration Board.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.239-259
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• 2016

An increasing number of transactions in the bilateral trade between Korea and China rely on collection and remittance, resulting in an increase in exporters' demand for trade financing. Therefore, there is a need to vitalize forfaiting transactions using drafts or promissory notes, which are based on the collections. In the forfaiting transactions, exporters transfer a payment claim to forfaiters on a non-recourse basis through a without recourse endorsement. However, forfaiters do not know importers' creditworthiness and ability to repay drafts or promissory notes; thus, they need a bank aval as a means of credit support. In forfaiting using aval, the drafts or promissory notes are transferred internationally. However, there is no internationally unified law that regulates drafts and promissory notes, and the governing laws related to such drafts and promissory notes do not accept the "principle of party autonomy." Therefore, there is no other choice but to apply the laws of a certain country, in the event of any dispute relating to such drafts or promissory notes. This paper examined forfaiting using aval from the comparative law perspective, focusing on the "Law of China on Negotiable Instruments." The results of this study may to provide businesses involved in international trade with practical guidance and assistance when using forfaiting with aval, especially in trade with China.

• International Commerce and Information Review
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• v.8 no.3
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• pp.99-119
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• 2006

The recent trend in the payment terms of international trade shows the gradual shift toward more diversified payment methods (from L/C to not L/C) in order to cope with the increasingly dynamic international transactions in a more flexible manner. The reasons behind this recent shift are as follows : first, the global trade market is breaking away from the traditional L/C methods based on letters of credit toward a not L/C methods. nother reason for the changing trade payment methods is the increasing volume of intra transactions between headquarters and their foreign subsidiaries based on collection payment methods. Having mentioned the above problems that impede the Korean export insurance system, some suggestions can be put forward through a comparative analysis with foreign export insurance system. First, inducing private investments is one way of strengthening financial health of the KEIC. The KEIC also needs to diversify its insurance coverage adapting to the changing international trade environments.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.68
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• pp.1-21
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• 2015

The purpose of this study is to propose a new mechanism for the global transmission of electronic trade documents and to promote them using it. Trade settlement methods are changed from L/C bases to non-L/C bases and in particular, the telegraphic transfer is dramatically increased since mid 1990. But the status of transmission of electronic trade documents still rely on the letter of credit and bill of lading. So it need to change the process of transmission of electronic trade documents utilizing non-negotiable sea waybill instead of bill of lading. In this study, I pointed out two problems as obstacle factors in global transmission of electronic trade documents. First is the system connection problem between domestic and foreign banks and second is the electronic right transfer problem in the bill of lading. Electronic bill of lading has already been made, but are not used and e-Nego has also not been activated under the above issues. Therefore, it should be solved previously the above problems for the global transmission of electronic trade documents under the letters of credit. However, in transactions of transfer, it does not need the inter-bank connection and also does not occur the electronic right transfer problem of bill of lading if using the non-negotiable seaway bill instead of bill of lading. In this paper, I recommend the global transmission strategies of e-trade documents using the non-negotiable sea waybill in transactions of transfer. Hopefully, I expect the activation of global transmission of e-trade documents through the utilization of electronic non-negotiable sea waybill as suggested by this study.