• Proceedings of KOSOMES biannual meeting
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• 2000.05a
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• pp.86-100
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• 2000

The author of this document is generally in charge of Port State Control affairs at the headquarters of Ministry of Transport, Japan. In this document, the necessity of Port State Control, the brief history of japanese Port State Control and the present system of Port State Control in Japan are introduced. Also, the newest output of Japanese Port State Control which is an annual statistic of 1999 is explained, subsequently the policy and strategy on Port State Control in Japan is introduced.

• Journal of Korea Trade
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• v.25 no.1
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• pp.203-219
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• 2021

Purpose - The purpose of this study is to review and analyzes the contract of carriage and delivery/transport document in light of the major changes made to the Incoterms^® 2020 rules forced into effect on January 1st, 2020. Design/methodology - This study analyzed responsibility for the loading and unloading of goods under the contract of carriage in Incoterms 2020^® rules forced into effect by the ICC from January 1, 2020, and what document must be presented as evidence of delivery by the seller. Findings - A review revealed that in Rule C, the costs of unloading at the place of destination are determined by the terms of the contract of carriage, and in the DAP and DDP rules, if the seller bears the unloading costs, such unloading costs cannot be recovered from the buyer. To settle this issue, the seller needs to make a contract of carriage by sea with the carrier on FI terms. Furthermore, in the case of containerized goods that the FCA should be used, FOB was misused because the seller could not present an on-board bill of lading in the L/C transaction. However, it was confirmed that in FCA, the parties can use an optional mechanism to issue an on-board bill of lading. Originality/value - Incoterms 2020^® rules are still widely used in international trade by parties to contract sales around the world, just like Incoterms 2010^® rules. This study attempts to reduce or eliminate disputes that may arise from interpretative misunderstandings between the parties in the contract of sales concluded by the seller and the buyer.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.43
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• pp.201-238
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• 2009

The purpose of this paper is to describe the contents and issues of the draft legislation of Part VI the Carriage by Air of Korean Commercial Code in respect of the domestic carriage of cargo by air, comparing to the related provisions of the Montreal Convention of 1999 for the unification of certain rules for international carriage by air and the related provisions of Korean Commercial Code in respect of the carriage by land and sea. The Montreal Convention in respect of the international carriage by air was adopted in 1999, and Korea has ratified the Montreal Convention in 2007. However, there is now no national legislation in respect of the carriage by air in Korea. Thus, the Ministry of Justice has prepared the draft legislation of Part VI the Carriage by Air of the Korean Commercial Code in July 2008, and the draft legislation is now being reviewed by the National Assembly. The draft provisions of Part VI the Carriage by Air are basically adopting most of the related provisions of the Montreal Convention in respect of the carriage of cargo by air and some draft provisions are applying the related provisions of the Korean Commercial Code in respect of the carriage of cargo by land and sea. In respect of the carriage of cargo by air, the contents of the draft legislation of Part VI the Carriage by Air are composed of the provisions in respect of the liability of the carrier, the rights of the consignor and consignee, the transport document and others. In respect of the carriage of cargo by air, the issues on the draft legislation of Part VI the Carriage by Air are the problems with respect to the extinguishment of the liability of the carrier, the application for the non-contractual claim, the liability limit of the servants or agents of the carrier, the right of disposition of cargo, the effect of breach of the provision in respect of the air transport document, the prescription of claim of the carrier, the immunity reasons from liability of the carrier for the loss or damage of the cargo, the making out of the air waybill, and the effect of the statement of the air transport document. In conclusion, the national legislation of Part VI the Carriage by Air of the Korean Commercial Code will protect the right and interest of the consignor and consignee, and clarify the right and duty of the parties to the air transport. Also it will contribute to the development of the air transport industry in Korea.

• International Commerce and Information Review
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• v.9 no.2
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• pp.285-303
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• 2007

As the interest about smooth logistics increases lately, the importance of multimodal transport, which performs the key role of logistics emerges, Through there are many issues respecting multimodal transport, the issue of the efficiency of multimodal transport seems to be the most importance. This paper examine as to the problems & systems of the multimodal transport including transportation document and customs clearance for door to door services. I wish our country will use total logistics automation systems for encouraging multimodal transport chance and make a partial amendment of commercial code including the customs clearance regulation. This study will assist in the development of logistic and the enlargement of multimodal transport transaction.

• Journal of Korea Society of Digital Industry and Information Management
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• v.5 no.2
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• pp.199-208
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• 2009

Mosts of export/import cargo has been moving using maritime transport means. Korea had been driven the system automation project using EDI document since the mid-1990s. However, this automation system comes upon about 40-50% against overall maritime business process, manual or paper document processing work is existing as ever. International e-business environment also has changing into electronic form document transaction from paper document-based transaction. International standardization organization, UN/CEFACT proposed UNeDocs for paperless jtransaction. UNeDocs is a specification to define XML data model as well as electronic form. With UNeDocs, it is not necessary to generate the duplexed data, and it can support user convenient and guarantee the flexibility. This paper defines the UNeDocs data model for EDI and Off-Line processing at the current maritime business. Then, it have to check XML syntax and structure for the defined data model through quality of document check system. Also, it explains the applying plan about the defined UNeDocs data model. It is possible to support paperless transaction as defining UNeDocs-based standard data model and converting into paper document, XML and EDI document using UNeDocs data model.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.20
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• pp.369-385
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• 2003

Contracts of carriage evidenced by bill of lading which are made between carrier and unidentified number of the shipper are to a large extent regulated by statute law such as Hague-Visby Rules and Hamburg Rules. These rules qualifies the contractual liberty of parties and especially restrains the carrier from introducing exemption from his liability beyond those admitted by the Rules. However, these Rules are applied only to goods in respect of which a bill of lading or similar document of title has been issued. In this reason, it is possible that liability of carrier in respect of goods shipped could become an issue where electronic bill of lading is used instead of paper bill of lading because electronic bill of lading is not generally recognised document of title in existing rule. Thus, this article discuss the relation between the carrier who create electronic bill of lading and the Rules regulating liability of carrier. Also, new Rules which has been examining in UNCITRAL will be introduced.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.74
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• pp.55-79
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• 2017

The Rotterdam Rules introduces new issues that have been ignored by previous international transport conventions. Among them, provisions on delivery of goods have been a much debated topic as it deviate from well established principles. Rotterdam Rules provides several alternatives in order to resolve uncertainty regarding delivery practice. The carrier have to make a resonable effort to deliver the goods following the required procedure which is different from transport document issued. Where the goods are not deliverable, the carrier could discharge from its obligations to deliver the goods when he deliver the goods by delivery instruction of shipper. In addition, he can take actions reasonably required according to circumstances if it is impossible to deliver the goods. These alternatives are not ideal, but they seem to be partly helping to solve practical problems arising in the process of delivery. However the delivery regime under the Rotterdam Rules could cause confusion in the traditional delivery principle. On the other hand, it puts a new burden on the parties concerned. In conclusion, the parties concerned should consider practical implications in issuing and transferring transport document as well as requesting and instructing delivery of goods.

• Journal of the Korean Institute of Navigation
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• v.19 no.4
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• pp.41-61
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• 1995

The international trade is basically founded on the contract of international sale of goods and backed up by the contract of international carriage of goods and the contract of insurance in the goods carried. For the efficient development of international trade, it is essential to incorporate the above three fields closely together. Economic growth has developed international trade which has accelerated the development of international carriage of goods. As a result of rapid expansion of international carriage of goods, rationalization of transport was required, which has brought about the International Multimodal Transport System(herein after referred to as 'IMT') through containerization. International multimodal transport system has affected international trade a lot, especially the field of insurance a great deal. The aim of this paper is to analyze contents of Multimodal Transport Operator's(MTO's) liability system in the UN Convention on International Multimodal Transport of Goods, 1980 and FIATA Bill of Lading(FBL) as one of current Multimodal Transport Documents. The analysis of MTO's liability system will be a good introductory concept for the further study of insurance problems for the development of IMT.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.13
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• pp.257-281
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• 2000

The world economy is becoming increasingly globalized. The globalization has resulted in far reaching agreements to deepen trade liberalization and enlarge its scope to cover new areas in addition to strengthening its supporting institutional base. Economic growth has developed international trade which has accelerated the development of international carriage of goods in 21st century. The international trade is basically founded on the contract of international sale of goods and backed up by the contract of international carriage of goods and the insurance on the goods carried. It is essential to incorporate each other sections for the efficient development of international trade. As a result of rapid expansion of international carriage of goods, rationalization of transport was required, which has brought about the International Multimodal Transport System through containerization. The approach to liability system will be a right way to solve the insurance problems for the development and enlargement of world trade volume. International multimodal transport system has affected international trade a lot, especially the field of insurance a grate deal. This paper is to analyze contents of liability system on Multimodal Transport with in the UN Convention on International Multimodal Transport of goods.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.45
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• pp.111-136
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• 2010

Bill of lading means the transport document ("marine", "ocean" or "port-to-port" or similar), however named, covering sea shipment only. Data in a bill of lading, when read in context with the credit, the document itself and international standard banking practice, need not be identical to, but must not conflict with, data in that document, any other stipulated document or the credit, according to UCP 600 and ISBP. This article has provided the general guideline of the discrepancies on the basis of UCP 600, ISBP 681 and the ICC Banking Commission Opinions, for the solution of the unpaid problems of the credit transactions. I have studied especially the ICC Banking Commission Opinions and the DOCDEX Decisions on the bill of lading after UCP 600, the international standard banking practice (ISBP 681), and the recent Korean cases. As such, this article would fill a need gap in the market between the general principles in the UCP provisions and the daily job of the practitioner. The credit practitioners are suggested to this resulting guidance whenever doubts arise as to how to check the credit documents in daily practice.