• 무역학회지
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• 제46권6호
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• pp.93-107
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• 2021

The bill of lading serves to link imports and exports. It is the last document issued in the export process and is the most important document before import and export as it is the first document required for importers to take over goods. Transfer the right to the goods to be transported to another person through endorsement. The role and importance of the bill of lading has already been suggested in many previous studies and the trading partners are fully aware of it. In addition, all countries and international organizations recognized the importance and enacted various laws and systems in relation to possible legal problems and they have become customary in practice. However, trade fraud that exploits the characteristics of the bill of lading may occur. In order to solve this problem, various attempts related to the electronic rights transfer of the bill of lading began to be carried out, and many institutions and companies are still trying to develop a new system. As a result of these efforts, electronic bills of lading, such as bolero, appeared, and electronic bills of lading, which can transfer rights in an electronic way, appeared. Therefore, this study intends to present the feasibility of the introduction of smart bills of lading after examining the current status of electronic bills of lading and the introduction of block chain technology-based bills of lading.

• 무역학회지
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• 제48권4호
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• pp.149-168
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• 2023

기명식 선하증권과 해상화물운송장을 영미법과 우리나라법 그리고 해상운송관련 국제협약을 고찰하여 분석한 결과 기명식 선하증권은 영국이 1992년 해상화물운송법을 제정하기 전에는 기능에서 국가 간 차이가 있었으나 동법 제정 후 우리나라와 미국, 영국 모두에서 동일한 법적 지위와 기능을 가지게 되었다. 기명식 선하증권은 세 국가 모두에서 화물수취의 영수증, 운송계약의 증거기능 뿐만아니라 지시식 선하증권과 같은 권리증권성을 가지고 있다. 해상화물운송장은 세 국가 모두에서 계약적·법적 지위가 같았다. 즉 위탁화물을 운송인이 수취했다는 영수증이며, 운송계약의 증거이다. 다만 비유통성이고, 수하인의 신분확인만으로 운송인이 화물을 수하인이나 그 대리인에게 인도할 수 있으며, 해상화물운송장 양도·양수를 통해 화물에 대한 소유권을 취득하거나 해상운송인에 대한 법적 권리를 취득할 수는 없다.

• 무역상무연구
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• 제12권
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• pp.377-401
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• 1999

This study is focused on the privity of the contract of carriage of goods by sea, so to speak, privity between B/L holder and carrier by transfer of bill of lading, privity by attornment to delivery order and conflict between bills of lading and charterparty terms. Under a CIF contract, possession of the bill of lading is equivalent to possession of the goods, and delivery of the bill of lading to the buyer or to a third party may be effective to pass the property in the goods to such person. 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 addition, it is by virtue of the bill of lading that the buyer or his assignee can obtain redress against the carrier for any breach of its terms and of the contract of carriage that it evidences. In other words the bill of lading creates a privity between its holder and the carrier as if the contract was made between them. The use of delivery orders in overseas sales is commen where bulk cargoes are split into more parcels than there are bills of lading, and this practice gives rise to considerable difficulties. For example, where the holder of a bill of lading transferred one of the delivery orders to the buyer who presented it to the carrier and paid the freight of the goods to which the order related, it was held that there was a contract between the buyer and the carrier under which the carrier could be made liable in repect of damage to the goods. The contract was on the same terms as that evidenced by, or contained in, the bill of lading, which was expressly incorporated by reference in the delivery order. If the transferee of the delivery order presents it and claims the goods, he may also be taken to have offered to enter into an implied contract incorporating some of the terms of the contract of carriage ; and he will, on the carrier's acceptance of that offer, not only acquire rights, but also incur liabilities under that contract. Where the terms of the charterparties conflict with those of the bills of lading, it is interpreted as below. First, goods may be shipped in a ship chartered by the shipper directly from the shipowner. In that case any bill of lading issued by the shipowner operates, as between shipowner and charterer, as a mere receipt. But if the bill of lading has been indorsed to a third party, between that third party and carrier, the bill of lading will normally be the contract of carriage. Secondly, goods may be shipped by a seller on a ship chartered by the buyer for taking delivery of the goods under the contract of sale. If the seller takes a bill of lading in his own name and to his own order, the terms of that bill of lading would govern the contractual relations between seller and carrier. Thirdly, a ship may be chartered by her owner to a charterer and then subchartered by the chaterer to a shipper, to whom a bill of lading may later be issued by the shipowner. In such a case, the bill of lading is regarded as evidencing a contract of carriage between the shipowner and cargo-owners.

• 무역상무연구
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• 제43권
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• pp.297-336
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• 2009

In modern industrial society carriage of dangerous goods by sea becomes more increasing than ever before. Dangerous goods are required for special care and handling in that shipment of dangerous goods could affect safety of the vessel and other cargoes. It is also true that dangerous goods could be used as a means of terrorism. his article investigates allocation of risk and liabilities between parties involved in the carriage of dangerous goods by sea. More specifically, this study examines principles of strict liability of the shipper in shipment of dangerous goods with some limitations based upon recent cases. Furthermore this article investigates the issues on identity of shipper who bears strict liability to the carrier where there exist actual or documentary shipper other than the contractual shipper. Lastly, whether it is reasonable that the transfer of strict liability to the transferee, who does not have opportunity to verify dangerous nature of the goods before shipment, by endorsing bills of lading will be discussed critically.

• 무역학회지
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• 제47권3호
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• pp.191-209
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• 2022

Whether or not insurance policies are securities has been debated for nearly a century. The position of claiming that an insurance policy has securities properties is premised on the concomitant nature of the maritime cargo insurance policy to the bill of lading. However, in reality today, marine cargo insurance policies are transferred between parties involved in international trade as an integral part of the bill of lading, and the two securities go through the same distribution process. The issue of recognizing the securities properties of an insurance policy is particularly debated when the insurance policy is issued in a order or bearer form. In a normal insurance policy, the name of the right holder, such as the claimant, is written on the insurance policy, and it is not usually transferred by endorsement. In principle, insurance policies are interpreted as neither securities nor negotiable securities. Sometimes, research is being done on legal reform to respond to digitalization of securities, and bills of lading are the subject of research. If marine cargo insurance policies, which are sometimes premised on distribution, have securities properties, the status of the regulations on digitization of bills of lading currently being studied may be helpful for digitization of marine cargo insurance policies. Under these circumstances, the securities of marine cargo insurance policies are reviewed based on recent practices.

• 무역학회지
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• 제48권4호
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• pp.303-320
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• 2023

최근 수출입기업은 무역대금 결제과정과 방식을 선택하면서 신용장보다 T/T 송금과 Surrender B/L을 더 유용하게 이용하고 있으며 신(新)무역물류환경의 특성이 4IR 시대에 들어 강력하게 작용하고 있어 서류에 기반한 무역거래가 선하증권의 전자화나 스마트 계약의 발전으로 인해 새로운 국면을 맞이하고 있다. 본 연구의 목적은 수출기업이 협상 요인에 따라 수출대금 결제유형 선택이 달라지는지를 검증하고 신(新)무역물류환경의 특성을 적용하여 논하는 것이다. 분석을 위한 데이터는 설문을 통해 수집하였으며, 업체 직접방문, e-mail, fax, 온라인 설문, 등기우편회수 등으로 회수하였다. 설문배포기간은 2023년 2월 1일~2023년 4월 30일까지이며 2,000부가 배포되어 447부가 회수되고(회수율 22.4%), 본 연구의 목적에 부적합한 111부를 제외한 최종 336부의 데이터가 사용되었다. 아래는 연구의 결과를 나타낸다. 첫째, 협상 요인 중 수출기업이 가지는 제품 차별성은 수출대금 결제유형 선택에 유의한 영향을 미치지 못하였다. 둘째, 협상 요인 중 수출기업이 인식하는 수입기업 구매우위가 높아질수록 사후송금방식이 더 큰 가능성으로 선택되었다. 본 연구는 이와 같은 분석 결과에 더하여 향후 수출기업이 수출대금 결제유형을 선택하면서 신(新)무역물류환경의 특성이 적용된 블록체인기술기반 선하증권, 무역금융플랫폼 등과 같은 새로운 방식의 결제를 고려해야 할 필요성을 제언하였다. 따라서 수출기업은 예컨대 선하증권 위기현상에 대응하는 무역서류의 디지털화 시도 등에 지속적인 관심을 보여야 할 것이고, 후속 연구에서는 국내의 부족한 사회적 인식을 해외선진연구를 통해 제고할 필요가 있을 것으로 기대한다.

• 무역상무연구
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• 제6권
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• pp.11-51
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• 1993

This study is focused on the problems and the suggestions of proper ideas for solving them which are arisen from appling CIF, Incoterms 1990 into the contract of sale after reviewing of the contents of traditional CIF contract and the main changes of CIF, Incoterms 1990. This study summerized as follows: First, when the seller provide the buyer with non-negotiable sea waybill or inland waterway document instead of negotiable bill of lading, it is my feeling that the essence of symbolic delivery in traditional CIF contract is fading. And if the buyer has paid for the goods in advance, or a bank wishes to use the goods as security for a loan extended to the buyer, it is not sufficient that the buyer or the bank be named as consignee in a non-negotiable document. This is true because the seller by new instractions to the carrier could replace the named consignee with someone else. To protect the buyer or the bank it is therefore necessary that the original instructions from the seller to the carrier to deliver the goods to the named consignee be irrevocable. Second, CIF term can only be used for sea and inland waterway transport. When the ship's rail serves no practical purposes such as in the case of roll-on/roll-off or container traffic, CIP term instead of CIF term is more appropriate to use. Third, the EDI method still contains many legal and technical problems to be solved in order to be used thoroughly' in the international sale of goods. Therefore, the parties wishing to replace the traditional paper-based trade documents by electronic messages must exchange the agreement on EDI each other in order to prevent and sol ye unexpected problems. Forth, it may be that the goods are to be carried in bulk without such marking or naming of consignee as would amount to appropriation. Then the risk will not pass until effective appropriation has been made. Therefore, the seller needs to appropriate by issuing of separate bills of lading or delivery orders for parts of the bulk cargo. And in case the goods are bought while they are carried at sea, some problems on the passing of risk would arise. One possibility is that the buyer might have to assume risks which have already occured at the time when the contract of sale is entered into force. The other possibility would be to let the pissing of the risk concide with the time when the contract of sale is concluded. The parties are advised to ascertain the applicable law and any solution which might follow there form. Finally, Incoterms are restricted to deal with the main principles for the division of functions, costs and risks between the parties and the rest is left to their individual contract as supplemented by the custom of the trade, the individual terms of the contract of sale and the applicable law. Thus, the parties are advised to ascertain the applicable law on their individual contract of sale in order to solve the problems on the transfer of property, the remedy and so on.

• 정보학연구
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• 제6권4호
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• pp.147-162
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• 2003

본 논문은 전자무역거래의 환경하에서 활용될 수 있는 전자결제시스템의 유형과 현재 제공되고 있는 국제전자결제시스템의 활용상의 문제점을 살펴 보고 전자무역을 활성화할 수 있는 전자결제시스템의 발전방안을 모색하는데 그 목적을 두었다. 현재 전자무역거래에서 활용될 수 있는 전자결제시스템은 전자화폐(electronic cash), 전자수표(electronic check), 전자자금이체(electronic fund transfer), 트레이드카드(tradecard) 및 스위프트 시스템에 의한 전자신용장(electronic L/C by SWIFT system) 등이 있다. 하지만 이들에 대한 전자결제시스템의 보안성, 안정성 및 연동성을 포함하는 제도와 인프라가 제대로 구축되고 있지 않아 사용하는데 한계성을 가지고 있다. 따라서 아직 정착되고 있지 못한 국제전자결제시스템의 발전을 위해서는 정보보안기술과 인증시스템의 구축이 필요하고, 걸제서류가 전자문서로 교환될 수 있도록 해야 한다. 또한 스위프트시스템의 네트워크를 스위프트넷에 의하여 모든 당사자간에 연동시켜 안정성 있게 운용되어야 하고 기업간 거래를 위한 전자신용장을 정착시켜야 한다. 이와 더불어 전자결제와 관련된 법적${\cdot}$제도적인 국내외 인프라를 구축하여 국제전자결제시스템의 통합적 지침을 제공할 수 있도록 해야 할 것이다.

• 무역상무연구
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• 제19권
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• pp.224-242
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• 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.