• 제목/요약/키워드: Transportation Documents

검색결과 82건 처리시간 0.025초

국제물품매매계약에서 매도인의 서류제공 의무에 따른 실무상 유의점 - 선하증권을 중심으로 - (A Study on Practical Suggestion about Seller' Documents in International Sales contract of Goods - Focused on Bill of Lading -)

  • 윤동희;김재성;박세훈
    • 무역상무연구
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    • 제47권
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    • pp.49-78
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    • 2010
  • The seller has to deliver goods and hand over documents as required by the contract. It is very important that ownership of goods shall be transferred by the documents from the seller to the buyer. Where terms of payments is made under documentary payment such as negotiable order Bill of lading or any transport documents for symbolic delivery of goods shall be more important between the parties concerned. The buyer may withdraw or cancel the contract where the buyer accept the foul Bill of Lading and demand damages where the buyer accept the other documents which are not in accordance with requirements by the buyer. Withdraw or cancel of contract can be made where discrepancy of documents comes into fundamental breach of contract. In conclusion transport documents by the seller will be used to determine appropriation of transport document to the contract. Therefore the seller has to deliver the proper shipping documents to the buyer. Where the breach of the seller's obligations to deliver documents the buyer has the right of requiring performance, contract avoided, claiming damage to recover the contract under CISG. The significance of transport documents has been focused in this study and careful examination of documents shall be needed to prevent any dispute or differences between the parties.

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XPS DOCUMENTS AND THEIR APPLICATIONS IN THE CONSTRUCTION INDUSTRY

  • N. O., Nawari
    • 국제학술발표논문집
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    • The 2th International Conference on Construction Engineering and Project Management
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    • pp.417-423
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    • 2007
  • This paper describes how using the XPS Document technologies of Windows Vista support and enhances interactions with the structural design and construction process. It illustrates the document workflows and the document life cycle in a typical construction base knowledge system. It provides engineers and decision makers and implementers with information about this new technology and how they can apply it to their design and construction models. The paper also highlights opportunities for the new format of data exchange in the recent efforts to develop National Management System Standards for Transportation Applications to benefit from these emerging technologies.

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우리나라 도시교통 행정체계의 분석 (Systems Approach to the Transportation Administration System in Korea -With Emphasis on Inter-Organizational Information Flow Analysis-)

  • 안문양
    • 대한교통학회지
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    • 제3권1호
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    • pp.22-45
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    • 1985
  • Most transportation problems are expected to be dealt with by public sector, mainly government organizations, even though few articles are available to tackle the problems from the administrative points of view. This study has the following scopes: to define the transportation system; to derive the subsystems, i.e., the functions of the system; to identify the elements (or organizations) of performing the functions; to study the inter-organizational relationships among the elements and to derive problem areas; and finally to propose a new administrative system for solving the problems. System Theory was exclusively used for defining the system and deriving subsystems of transportation. Laws and regulations about government organizations were analyzed to identify the relevant organizations. Communications analysis was used for deriving the relationships among the organizations. Ledger books containing incoming-and-outgoing documents in the sampled organizations were inputed onto computer. Exactly 49,367 records(i.e., information flows) were stored for this analysis. Finally, this study proposed a new administrative system that is expected to result in more cooperative and productive inter-organizational relationships among the transportation organizations.

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화물용 튜브운송시스템의 운영개념서 및 운영요구사항서 개발에 관한 연구 (A study on the Conceptual Architecture design of the Tube Transportation System considering performance parameters)

  • 최요철
    • 시스템엔지니어링학술지
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    • 제6권1호
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    • pp.53-59
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    • 2010
  • 본 논문은 전세계적으로 신교통시스템으로 연구되고 있는 튜브운송시스템에 대한 개념과 화물용 튜브운송시스템의 운영개념서 및 운영요구사항의 개발에 관한 것이다. 철도시스템의 개발 초기에 시스템의 정확한 운영개념을 확립하고 이를 기반으로 시스템에 대한 사용자의 명확한 사용자 요구사항 및 운영요구사항을 도출하는 과정은 매우 중요하며, 시스템의 개발 초기 단계 측 개념설계 단계에서 반드시 수행되어야 한다. 본 논문을 통해서 문헌적인 운영개념서의 형식에 대한 조사, 특징, 그리고 현실적인 운영상황을 고려한 화물용 튜브운송시스템의 운영개념서를 제안하였다. 운영개념서를 통해서 사용목적, 운영시나리오, 비상상황 등의 정보가 식별하였으며 이를 바탕으로 시스템의 운영요구사항서를 개발하였다. 개발된 운영개념서 및 운영요구사항서는 확인된 사용자 요구사항 및 시스템 요구사항으로 구체화 되며, 시스템 아키텍처의 참고문서로서 활용될 수 있다.

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A Study on Clean Bill of Lading under the Uniform Customs Practices

  • Jaesung LEE
    • 동아시아경상학회지
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    • 제11권4호
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    • pp.29-39
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    • 2023
  • Purpose - Disputes arising from documentary letter of credit transactions are not decreasing. According to a statistical data from the ICC, 60-70% of letters of credit in use around the world, so, Incoterms rule specifically defines the bill of lading review procedure. Research design, data, and methodology - The refusal due to large or small inconsistencies in terms and conditions when first presenting documents with bill of lading. First of all, confusion was caused by the ambiguous regulation as the bill of lading is a document that serves as evidence of the transportation contract. Result - Bill of lading indicates the rights to the cargo as well as a bill of lading, which is evidence of a transportation contract concluded between carriers, is a document that allows a carrier to receive or ship cargo and ship it by sea. It is a security that promises to be delivered through transportation to the rightful holder of the bill of lading. Conclusion - Because of its importance, the Uniform customs practices for Letters of Credit stipulate acceptance requirements for transport documents, including bills of lading. In addition, the International Standard Banking Practices (ISBP) established by the International Chamber of Commerce also provide supplementary provisions.

신용장거래에 있어서 개설의뢰인의 서류심사 및 통지의무 (The Applicant's Liability of Examination of Document and Notification of the Discrepancies in Credit Transaction)

  • 박규영
    • 통상정보연구
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    • 제8권4호
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    • pp.105-121
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    • 2006
  • This study is related with the judgements of our country's supremcourt against the transaction of Letter of Credit which is beneficiary's fraudulent trade deal. In this case I think to analyse the judgements and to present the basic grounds on which the judgements were established. In Letter of Credit transaction, there are the major parties, such as, beneficiary, issuing bank, or confirming bank and the other parties such as applicant, negotiating bank, advising bank and paying bank. Therefore, in this cases, the beneficiary, the French Weapons' Supplier who did not shipped the commodities, created the false Bill of Lading, let his dealing bank make payment against the documents presented by him and received the proceeds from the negotiating bank or collecting bank, thereafter was bankrupted and escaped. For the first time, even though the issuing bank conceived that the presented documents were inconsistent with the terms of L/C. it did not received the payment approval from the applicant against all the discrepancies, made the negotiating bank pay the proceeds to exporter and thereafter, delivered the documents to the applicant long after the time of the issuing bank's examination of documents. The applicant who received the documents from the issuing bank, instantly did not examine the documents and inform to the issuing bank whether he accepted the documents or not. Long time after, applicant tried to clear the goods through custom when he knew the bill of ladings were false and founded out the documents had the other discrepancies which he did not approved. As the results, the applicant, Korea Army Transportation Command claimed, that the issuing bank must refund his paid amount because issuing bank examined the documents unreasonably according to u.c.p 500 Act 13th, 14th. In spite of the applicant's claim, the issuing bank argued that it paid the proceeds of L/C reasonably after receiving the applicant's approval of an discrepancy of document, the delayed shipment, but for concerning the other discrepancies, the trivial ones, the applicant did not examined the document and noticed the discrepancies in reasonable time. Therefore the applicant sued the issuing bank for refunding it's paid proceeds of L/C. Originally, this cases were risen between Korea Exchange Bank and Korea Army Transportation Command. As result of analysing the case, the contents of the case case have had same procedure actually, but the lower courts, the district and high courts all judged the issuing bank was reasonable and did not make an error. As analysing these supreme court's judgements, the problem is that whether there are the applicant's liability of examining the documents and informing its discrepancies to the issuing bank or not, and if the applicant broke such a liabilities, it lost the right of claiming the repayment from issuing bank. Finally to say, such applicant's liabilities only must be existed in case the documents arrived to the issuing bank was delivered to the applicant within the time of the documents examination according to u.c.p 500 Act 14, d. i. But if any the documents were delivered to applicant after time of the documents examination, the applicant had not such liabilities because eventhough after those time the applicant would have informed to the issuing bank the discrepancies of documents, the issuing bank couldn't receive repayment of its paid proceeds of document from the negotiating bank. In the result after time of issuing bank's examination of documents, it is considered that there's no actual benefit to ask the applicant practice it's liability. Therefore finally to say. I concluded that the Suprem Court's judgement was much more reasonable. In the following, the judgements of the supreme court would be analysed more concretely, the basic reasons of the results be explained and the way of protecting such L/C transaction would be presented.

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A Framework for Guaranteed Maximum Price and Contingency Development for Integrated Delivery of Transportation Projects

  • Gransberg, Douglas D.;Shane, Jennifer S.;Ahn, Jun-Yong
    • Journal of Construction Engineering and Project Management
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    • 제1권1호
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    • pp.1-10
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    • 2011
  • This paper discusses the components of a guaranteed maximum price (GMP) and proposes a framework for the development of GMPs as contract payment provisions for construction manager-at-risk (CMR) and design-build (DB) contracts for transportation projects. The framework is the synthesis of a comprehensive literature review, a content analysis of CMR and DB solicitation documents and contracts, and case study project output from twelve projects in nine states worth $3.1 billion. The research also discusses the development of three common types of contingencies that are often utilized in projects with GMPs. The study concludes that owners should specify the structure of the GMP and its components to enhance clarity and understanding of the GMP's composition. It recommends that this structure be included in the CMR and DB solicitation documents so that pricing proposals can be formulated in a manner that is consistent with the contract payment provisions that will be useful to practitioners that need to implement GMP-based contracts.

전자상거래 확대에 따른 특송물품 수입통관시스템의 개선방안에 관한 연구 (A Study on the Improvement of Import Clearance System for Express Consignments by Increase of Electronic Commerce)

  • 송선욱
    • 통상정보연구
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    • 제6권3호
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    • pp.183-201
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    • 2004
  • Recently, Electronic commerce market is growing sharply for the expansion of internet and development of means of air transportation. Import Clearance System for express consignments, introduced in Korea, confers some benefit upon express consignments, ie. prompt clearance, simplification of the clearance procedure, exemption of necessary documents. But it has some problems such as lack of social security and trade compliance. So it requires some improvements as follows. Firstly, it has no legal background to clear all articles valued at US$100 or less carried by an express consignment operator. So customs brokers, not express consignment operators, should clear that articles. Secondly, it should be presented necessary documents including commercial invoice to prevent a wrong price declaration in entering express consignments valued at US$100 or less. Thirdly, X-ray inspectors must enhance their inspection ability. Customs must provide education programs for X-ray inspectors to improve their inspection ability. Lastly, Cargo selectivity system for express consignments have to be improved to operate effectively.

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Incoterms 2000의 D-terms에 관한 연구 (주요의무, 특징, 적용상의 한계를 중심으로) (A Study on D-terms of Incoterms 2000 (Focus on primary obligation, character, limitation on application to practicer))

  • 오세창
    • 무역상무연구
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    • 제35권
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    • pp.3-38
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    • 2007
  • As we know, D-terms which are constituted with DAF delivered the goods in a border place, DES delivered the goods on board a vessel at a vessel specified port on the buyer's side, DEQ delivered the goods on the quay on the buyer's side as the specified place, DDU and DDP delivered the good at the stipulated place at the agreed place or point, mean arrival contracts. DAF is designed mainly for railway carriage, DES and DEQ are designed mainly for vessel shipment, DDU and DDP are designed mainly for multimodal transportation. In spite of their original purpose of revision. They have in themselves many problems on notable points on application in practice. Therefore, in order to magnify their use, through revision of Incoterms, DAF is restricted to railway carriage, DES and DEQ are restricted to be used only for charter shipments. Particularly transport documents which seller should supply the buyer with under DDU and DDP are documents for ownership and possession rights to the goods loaded when executed in negotiable form like as CIF.

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복합운송의 물류경쟁력 강화를 위한 실천적 방안 (The Practical Strength of Logistics Competition Power for Efficiency of Combined Transport Transaction)

  • 이학승
    • 통상정보연구
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    • 제9권2호
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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.

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