• Title/Summary/Keyword: UCP

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A Study on the Comparison of the Main Substance in the UCP and eUCP (UCP와 eUCP의 주요내용 비교에 관한 연구)

  • Choi, Seok-Beom
    • International Commerce and Information Review
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    • v.4 no.1
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    • pp.39-57
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    • 2002
  • 전자신용장통일규칙에 대한 그 동안의 논의는 주로 UCP500과는 별도로 새로운 통일규칙을 제정하여야 한다는 논의와 기존의 UCP500내에서 전자서류에 대한 내용을 새로이 추가하여야 한다는 논의였다. 그러나 궁극적으로 UCP500의 경우 종이서류를 근거로 하여 내용을 규정하고 있기 때문에 전자신용장거래에서의 전자제시에 대하여 적용할 수 없었다. 이러한 점에서 UCP500에서는 전자무역거래에서 사용되고 있는 기본 개념조차도 수용되어 있지 않고 있는데 예를 들면, 전자서명, 전자서류 또는 전자기록에 대한 내용이다. UCP가 안고 있는 이러한 문제의 소지를 사전에 해결하기 위하여 ICC에서 eUCP를 제정하였다는 점에서 큰 의의가 있다고 할 수 있다. 이와 같이 본 연구는 eUCP의 도입배경을 선화증권의 위기문제와 연관시켜 조명하고 eUCP의 주요내용을 살펴보고 이를 UCP500의 규정과 비교하여 봄으로써 UCP500과 유기적으로 사용될 eUCP의 이해를 제고하여 향후 발생될 당사자의 분쟁을 사전에 방지하고자 하는 것이 그 목적이다.

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A Theoretical Study on the Implication of Substantial Harmonization between the eUCP and UCP (eUCP 적용원리의 규명과 신용장거래질서 확대 개편방안의 모색)

  • Kim, Ki-Sun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.25
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    • pp.75-98
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    • 2005
  • With the advent of new customs and practice of electronic records, the eUCP provides some useful guidance to accommodate the presentation of the paper documents electronically and also provides necessary rules to allow the UCP and eUCP to work together. There is no denying the fact that many of the UCP articles are not impacted by the presentation of electronic equivalent of paper documents, so the integrated application of the UCP and eUCP will be broad enough to allow for developing practice in this area. This study discusses some theoretical implication for efficient utilization of the global usages of letter of credit through the finding of optimal solution in the state of uncertainty caused by the electronic presentation of documents. This study suggest that the decision rules be developed to show how individuals choose optimal portfolio between the eUCP and the UCP that maximize their expected utility in letter of credit transaction, and also suggest that the optimal portfolio be determined at the point of tangency between the efficient trading line and the highest indifference curve in the mean-variance plane. This study finally recommends three rebuttable doctrines with regard to the relationship between the eUCP and UCP such as linkage characteristics, generation lap propensity, and homothetic application rule, which may be the critical standards for understanding of the integrated usages of the eUCP and UCP.

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A Study on the Main Contents of the Uniform Customs and Practice for Documentary Credits, 2007 Revision, ICC Publication No. 600(UCP 600) (제6차 개정 신용장통일규칙(UCP 600)의 주요 내용에 관한 연구)

  • Park, Suk-Jae
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.33
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    • pp.63-89
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    • 2007
  • The UCP is an authoritative compilation of the customs and practice of letters of credit observed by most of the participants in the transaction. It remains the most successful set of private rules for trade ever developed. First issued in 1933, the UCP has been through five revisions, the latest being the present UCP 500, which came into force in 1994. Since 1994, new developments in transport, insurance, electronic commerce and banking industry have spurred the current revision of the rules. The ICC Banking Commission approved UCP 600 on October 25, 2006 by a unanimous vote of 91 to 0. The revision, which will come into effect on July 1, 2007, incorporates a number of changes from UCP 500 as follows : UCP 600 has a leaner set of rules, with 39 articles rather than 49 articles of UCP 500; New sections on "definitions" and "interpretations" have been added to clarify the meaning of ambiguous terms; The phrase "reasonable time" for acceptance or refusal of documents has been replaced by a firm period of five banking days; UCP 600 allows for the discounting of deferred payment credits. However, UCP 600 has two main problems such as the inconsistency with insurance industry and the banking community-oriented rules. We have some months before the commencement of UCP 600. From today to the commencement of UCP 600, we should study the full contents of UCP 600 and the influences on the trade industry.

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Some Implications of eUCP Based on the Hermeneutical Approach (eUCP의 본질적 함의와 조항해석적용의 괴리조정:법해석학적 접근)

  • Kim, Ki-Sun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.18
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    • pp.65-104
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    • 2002
  • With the current evolution from paper to electronic records the documentary credit market has been looking to ICC to provide guidance in this transition. To allow bankers and traders to familiarize themselves with this trend, eUCP has come into force from April 1st 2002. The eUCP provides definitions to allow current UCP terminology to accommodate the presentation of the equivalent of paper documents electronically and to provide necessary rules to allow the UCP and eUCP to work together. It is important to understand that many of the Articles of the UCP are not impacted by the presentation of electronic equivalent of paper documents and do not require any changes to accommodate electronic presentation. When read together the UCP and the eUCP will be broad enough to allow for developing practice in this area. The eUCP is not a revision of the UCP. The UCP will continue to provide the industry with rules for paper letters of credit in conjunction with the eUCP. This study comments that some characteristics of the eUCP have unique properties, such as juncture, envelope, homotheticity functions, and some applicable interpretations including abstraction of letter of credit, notice of completeness, notice of discrepancies and corruption of electronic records.

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A Study on the Criterion of Examination of Electronic Records under the eUCP (eUCP에 있어서 서류심사기준에 관한 연구)

  • Jeon, Soon-Hwan
    • International Commerce and Information Review
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    • v.7 no.1
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    • pp.145-168
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    • 2005
  • The International Chamber of Commerce (ICC) eUCP came into force on 1 April 2002. The eUCP is a supplement to the current existing Uniform Customs and Practice for Documentary Credits (UCP500), which governs the use of electronic presentation. The eUCP is not a revision of the UCP. It is a supplement intended to deal with situations where presentations are made electronically. That is to say, the eUCP is a supplement to the UCP that, when used in conjunction with the UCP, will provide the necessary rules for the presentation of the electronic equivalents of paper documents under letters of credit. The purpose of this paper is to study on the criterion of examination of electronic records under the eUCP.

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Differential Regulation of the Promoter Activity of the Mouse UCP2 and UCP3 Genes by MyoD and Myogenin

  • Kim, Dong-Ho;Jitrapakdee, Sarawut;Thompson, Mary
    • BMB Reports
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    • v.40 no.6
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    • pp.921-927
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    • 2007
  • UCP2 and UCP3 are members of the uncoupling protein family, which may play roles in energy homeostasis. In order to determine the regulation of the predominant expression of UCP3 in skeletal muscle, the effects of differentiation and myogenic regulatory factors on the promoter activities of the mouse UCP2 and UCP3 genes were studied. Reporter plasmids, containing approximately 3 kb of the 5'-upstream region of the mouse UCP2 and UCP3 genes, were transfected into C2C12 myoblasts, which were then induced to differentiate. Differentiation positively induced the reporter expression about 20-fold via the UCP3 promoter, but by only 2-fold via the UCP2 promoter. C2C12 myoblasts were cotransfected with expression vectors for myogenin and/or MyoD as well as reporter constructs. The simultaneous expression of myogenin and MyoD caused an additional 20-fold increase in the reporter expression via the UCP3 promoter, but only a weak effect via the UCP2 promoter. In L6 myoblasts, only MyoD activated the UCP3 promoter, but in 3T3-L1 cells neither factor activated the UCP3 promoter, indicating that additional cofactors are required, which are present only in C2C12 myoblasts. The expression of UCP2 and UCP3 is differentially regulated during muscle differentiation due to the different responsiveness of their promoter regions to myogenin and MyoD.

The problems regarding negotiation of an Acceptance and Deferred Payment Credit under the UCP 600 (UCP 600 적용상 인수 및 연지급신용장 매입에 관한 문제점)

  • Kim, Jong-Rack;Yang, Eui-Dong
    • International Commerce and Information Review
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    • v.11 no.3
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    • pp.287-309
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    • 2009
  • There were many changes regarding Negotiation of document under UCP 600. First of all, the definition of Negotiation was changed. The UCP 500 stated "Negotiation means the giving of value for drafts and documents by the bank authorized to negotiation", but the UCP 600 defines "negotiation" as following "negotiation means the purchase by the nominated bank of drafts and/or documents under a complying presentation". Under the UCP 600 the meaning of negotiation was more clear than UCP 500. Second UCP 600 permits all deferred payment credits be discountable or negotiable. This amended rule equated the deferred payment credit with banker's acceptance credit which was contrary with the nature and the practice of former deferred payment credit transaction. Third, UCP 600 has also provided for reimbursement rights for nominated banks and a conceptual basis for protecting nominated banks against beneficiary fraud. In this paper, the problems regarding negotiation of document under UCP600 was studied and the solutions for the problems occurring in appling UCP 600 in practical field was provided.

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A Study on the Electronic Trade and eUCP (전자무역과 eUCP에 관한 연구)

  • Park, Sung-Chul
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.19
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    • pp.119-138
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    • 2003
  • ICC(International Chamber of Commerce) developed new rule on the presentation of electronic record in L/C transactions. This rule named as the e-UCP. The gists of this article are on the application of e-UCP in practice and it's some problems. The e-UCP is the supplement of current exisiting UCP but is superior to UCP under some circumstances. The e-UCP is only apply to the presentation of electronic record regardless of type of L/C(for example, traditional paper L/C or electronic L/C). The presentation of electronic record has some problems which has not seen in the presentation of paper document. These peblems are Time, Place of presentation, and format of electronic record and so on. The e-UCP provided on the basis of these problems. However, the e-UCP has some obscure provisions on the examination of electronic record and the corruption of electronic record. Who is responsible for the corruption of electronic record by the virus on the system of bank ? 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. First, Beneficiary has additional duty to notice of completion of presentation. Second, It will be increasing the clean NEGO through prompt feedback of the descrepancy at the presenting time. Third, It is no use of L/G(Letter of Guarantee).

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Uncoupling Protein, UCP-4 May Be Involved in Neuronal Defects During Aging and Resistance to Pathogens in Caenorhabditis elegans

  • Cho, Injeong;Hwang, Gyu Jin;Cho, Jeong Hoon
    • Molecules and Cells
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    • v.39 no.9
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    • pp.680-686
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    • 2016
  • Uncoupling proteins (UCPs) are mitochondrial inner membrane proteins that function to dissipate proton motive force and mitochondrial membrane potential. One UCP has been identified in Caenorhabditis elegans (C. elegans), namely UCP-4. In this study, we examined its expression and localization using a GFP marker in C. elegans. ucp-4 was expressed throughout the body from early embryo to aged adult and UCP-4 was localized in the mitochondria. It is known that increased mitochondrial membrane protential leads to a reactive oxygen species (ROS) increase, which is associated with age-related diseases, including neurodegenerative diseases in humans. A ucp-4 mutant showed increased mitochondrial membrane protential in association with increased neuronal defects during aging, and the neurons of ucp-4 overexpressing animals showed decreased neuronal defects during aging. These results suggest that UCP-4 may be involved in neuroprotection during aging via relieving mitochondrial membrane protential. We also investigated the relationship between UCP-4 and innate immunity because increased ROS can affect innate immunity. ucp-4 mutant displayed increased resistance to the pathogen Staphylococcus aureus compared to wild type. The enhanced immunity in the ucp-4 mutant could be related to increased mitochondrial membrane protential, presumably followed by increased ROS. In summary, UCP-4 might have an important role in neuronal aging and innate immune responses through mediating mitochondrial membrane protential.

A Study on the Acceptance Requirements of an Original" Document and Copies under UCP 600 (UCP 600에서의 원본서류와 사본의 수리요건에 관한 연구)

  • Huh, Jae-Chang
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.38
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    • pp.123-152
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    • 2008
  • It is a basic rule in the credit law that original documents are required unless otherwise stipulated by the credit. Due to modern technology enabling documents to be produced in many ways it may not always to decide whether a document is original or a photocopy. In consideration of modern technology and the advent of new methods of document production, ICC has drawn up the provisions on original documents in Article 22 (b) of UCP 400 for the first time. The equivalent provision in UCP 500 is Article 20 (b). As a result of many queries to ICC Banking Commission on what constitutes an "original" documents under UCP 500 and several court cases in connection with original documents, the ICC Banking Commission has issued Decision on original documents in July 1999. Based on this Decision, the ICC dealt it in Article 17 under UCP 600 which came into force on July 1, 2007. There are some changes, replacements and new provisions of UCP 600 concerning original documents and copies. Importers, exporters, insurance companies, other third parties and, above all, banks should pay attention to some changes and implications of UCP 600 concerning original documents and copies. The purpose of this paper is to examine the provisions on original documents and copies under UCP 600. For this purpose, firstly this study deals with the relative provisions on original documents and copies under pre-UCP 600. Secondly this study considers the provisions on original documents and copies under UCP 600. Thirdly this study compares the provisions under pre-UCP 600 with the provisions under UCP 600. Finally this study analyzes the cases decided both home and abroad in connection with original documents. This paper contribute to help the parties to letters of credit to understand the provisions on original documents and copies under UCP 600.

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