• 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.

• Journal of Korea Trade
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• 제23권6호
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• pp.113-130
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• 2019

Purpose - This paper investigates applicability of blockchain based bill of lading under the current legal environment. Legal requirements of electronic bill of lading will be analyzed based on the Rotterdam Rules and recently enacted UNCITRAL Model Law on Electronic Transferable Records. Using comparative analysis with the previous registry model for electronic bill of lading, this paper examines the advantages of blockchain based bill of lading. Design/methodology - This research reviewed previous efforts for dematerializing bill of lading with its limitation. Main features of blockchain technology which can make up for deficiencies of registry model also be investigated to analyze whether these features can satisfy the requirements for the legal validity of the negotiable electronic transport record or electronic transferable records under the Rotterdam Rules and the MLETR. Findings - Main findings of this research can be summarized as follows: Blockchain system operated in an open platform can improve transparency and scalability in transfer of electronic bill of lading by assuring easy access for transaction. Distributed ledger technology of blockchain makes it more difficult to forge or tamper with transactions because all participants equally shares identical transaction records. Consensus mechanism and timestamp in a blockchain transaction guarantee the integrity and uniqueness of a transaction. These features are enough to satisfy the requirements of electronic transferable records under the Rotterdam Rules and MLTER. Originality/value - This study has significance in that it provided implications for the introduction of electronic bill of lading by analyzing whether the blockchain based electronic bill of lading model meets the legal requirements under the current legal system prepared prior to the introduction of blockchain technology, and by presenting the advantages of the blockchain based bill of lading model through comparative analysis with the existing registry model.

• 무역상무연구
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• 제17권
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• pp.169-195
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• 2002

The main issue relating to electronic bill of lading is to develop the system in which can transfer the title to the goods by electronically, and to support effect of electronic transfer of title by law. BBL, electronic bill of lading being operated by bolero, provides technical devices to that purpose, but current law is not recognize the effect of transfer of title by electronic communication because BBL is different from paper bill of lading naturally. For that reason Bolero has resolved the problem by Rulebook which is multilateral agreement contracted between users and BAL. The Rulebook provides solution, so called, 'attornment' and 'novation'. So, The purpose of this study is to help in understanding BBL through comparison and analysis about the legal background of transfer of title by BBL based on 'attornment' and 'novation' with transfer of bill of lading based on a endorsement and delivery.

• 한국통신학회논문지
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• 제36권3B호
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• pp.231-239
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• 2011

유럽의 이동통신선진국들을 중심으로 Bill & Keep이 CPNP방식에 비해서 사회후생 차원에서 그리고 공정경쟁의 활성화 차원에서 보다 우월하다는 최근의 연구들을 이론적인 측면과 실증적인 측면에서 고찰하고, 국내 이동통신시장에서의 서비스 및 수요 변화 등을 고려하여 현행 상호접속정산제도가 향후 Bill & Keep으로의 변화 필요성을 분석하여 정책적 시사점을 논의한다.

• 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.

• 대한전자공학회:학술대회논문집
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• 대한전자공학회 2002년도 ITC-CSCC -2
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• pp.818-821
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• 2002

In this paper, we propose Neuro-Fuzzy discrimination method of the new and old bill using bill money acoustic data. The concept of the histogram is introduced to improve the processing time into the proposal system. The adaptative filter is used in order to remove the motor sound from an observed bill money acoustic data. The output signal of this adaptive digital filter is converted into not only a spectrum but also a histogram. It became easy that features of the paper money sound were extracted from the bill money acoustic data. The spectral data and the histogram is obtained like this, and it become an input pattern of the neural network(NN). Then, the discrimination result of the NN is finally judged by the fuzzy inferece in the new bill or the exhaustion bill.

• 전기학회논문지
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• 제61권1호
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• pp.173-178
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• 2012

The quantity bill writing of organized electrical construction can be an effective to quality and process management in the construction. Therefore, in order to overcome confusion of the construction and doing an effective work, the clearly quantity bill writing is need. This paper is a focused to solve a problem of existing quantity bill as the difference in terms of work section and item information, regulatory information of ordering authority. Therefore, a terms of work section and item information, regulatory information of ordering authority has been normalized. Moreover, basic data of simplification for quantity bill writing and structure has been guaranteed.

• 한국도서관정보학회지
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• 제33권3호
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• pp.1-40
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• 2002

모든 도서관은 지식과 정보를 위한 광장이다. 따라서, 도서관은 모든 이용자에게 모든 자료를 자유롭게 이용할 수 있도록 제도적인 장치를 마련하여야 한다. 제도적인 장치는 일반적으로 도서관 권리선언의 형태로 나타난다. 본 연구는 향후 우리나라가 도서관 권리선언을 채택할 경우에 필요한 기초자료를 제공하기 위한 것이다. 그래서 여기에서는 도서관 권리선언의 의의를 살펴보고, 미국과 일본의 도서관 권리선언의 변천과 내용을 분석하여 공통된 구성요소를 도출하였다. 미국과 일본은 공히 공식기구인 도서관협회에서 도서관 권리선언을 채택하고, 권리선언을 유지\ulcorner발전시키고 도서관의 자유가 침해되는 문제가 발생할 경우 이를 해결하기 위한 상설기구를 설치하고 있다. 도서관 권리선언의 공통된 구성요소는 자료수집의 자유, 자료제공의 자유, 검열 거부, 관련단체와의 협력, 개인의 도서관이용 권리, 도서관의 시설 이용, 이용자의 비밀유지 등이다.

• 무역상무연구
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• 제37권
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• pp.61-85
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• 2008

Bills of lading are crucial in international sales on shipment terms since they guard buyers against loss of or damage to the goods in transit by giving them the rights against carriers. A bill of lading, as document of title, gives the buyer the right to demand physical possession of the goods from the carrier and enables the buyer who is in possession of damaged or short-delivered goods to sue the carrier. In this context the buyer in sales on CIF or CFR terms or FOB terms with additional services benefits from the bill of lading which functions as a receipt of goods and a evidence of the terms of the contract of carriage. Protection of such buyer's interests can be provided in the sale contract through appropriate express or implied terms on the seller's documentary obligations: Which transport document, a bill of lading or a sea waybill, is required? Who should be named as the consignee in the transport document and, in case of bill of lading, by whom should the bill be endorsed? What should be stated in the bill of lading for the quantity of the goods? How about a bill of lading that contains so called "unknown clause"? How many bills of lading for the entire contract goods should be tendered? Can a bill of lading stating that the goods have been shipped in apparent good order and condition also state that the goods were damaged after shipment? This paper seeks to provide answers for these particular questions.

• 무역상무연구
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• 제71권
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• pp.107-126
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• 2016

This study is to review "on board notation" on a bill of lading under letter of credit transactions. A bill of lading is a type of document that is used to acknowledge the receipt of a shipment of goods. However, UCP 600Article 20 (a)(ii) requires the bill of lading to indicate that the goods have been shipped on board a named vessel at the port of loading stated in the credit by pre-printed wording, or an on board notation indicating the date on which the goods have been shipped on board. The shipped on board statement should relate to loading on board the named vessel at the port of loading stated in the credit. But it doesn't seem that the on board notation clause in the UCP 600 reflect current shipping practice fully because of the various kinds of on board notation and the confusion surrounding their use. There is a need to understand accurately the meanings and requirements of "on board notation" under UCP 600 and the related regulations. So, This paper will be studied the requirements and indication method of "on board notation" on the bill of lading and presented the practical implications under the bill of lading transactions. This study was based on documentary research including preceding research.