• 한국중재학회지:중재연구
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• 제16권2호
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• pp.213-238
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• 2006

Deferred payment letter of credit is the L/C that makes the issuing bank to pay a beneficiary at maturity stipulated in the credit. In this deferred payment letter of credit transaction, is it possible that a confirming or nominating bank payor negotiate before maturity? and the confirming or nominating bank have legal protection when paid or negotiated before maturity? These problems are raised in argument. By the way, Korea, Switzerland, Germany, and Italy are positive on the above question, but France, United Kingdom, and Singapore are negative. Therefore, when using deferred payment letter of credit, it is required to keep in mind that the understanding of maturity stipulated in the credit is different among countries, legal principles of each nations, and researchers. And other problems are raised also as follows; the application of Fraud Rule and principle of independence and abstraction as nature of credit, when to pay credit amount to beneficiary, and refusal of payment due to poor quality. Finally, it is required to use deferred payment letter of credit, after full understanding of deferred payment letter of credit pointed out in this paper.

• 한국중재학회지:중재연구
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• 제22권3호
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• pp.119-139
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• 2012

In the case of Banque Paribas V. Banco Santander in England for the reimbursement request of deferred payment credit by the nominated bank, the L/C-issuing bank refused to pay the proceeds at maturity because of a fraudulent transaction. The reason of refusal was that the nominated bank, Banco Santander, had no right of payment in deferred credit before its maturity if it made payment of proceeds without notice to the issuing bank, that is, payment not based upon a credit transaction but on its own account. However, in the case of ADIB V. Fortis Bank in America, the New York court made the decision that the deferred payment bank could not refuse to reimburse to the nominated bank, Fortis Bank, because of fraud. Its decision was based on the UCP600. We have analyzed and investigated the above two cases-one was an English court's decision and the other an American's. The English court's decision was made under UCP500, but the American court's was made under UCP600, which was revised in 2007. As a result, we can expect that from now on in deferred payment credit transactions, the power of the nominated bank will be greater than before, but the issuing bank will bear the risk of the beneficiary's fraud, so the issuing bank will be hesitant to issue deferred payment credit. Notwithstanding, we thought that the New York court decision would come into effect in the activation of deferred payment credit in practical trade transactions.

• 통상정보연구
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• 제11권3호
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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.

• 한국중재학회지:중재연구
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• 제21권2호
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• pp.133-156
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• 2011

This paper is to analyze the legality in which the fraud rule allow the issuer of L/C or a court to disrupt the payment to the beneficiary under the deferred payment credit when the nominated bank for deferred payment undertaking made prepayment or negotiation before the maturity date and fraud is identified to be involved. Since the function of commercial L/C is to provide absolute assurance of payment to a beneficiary, the fraud rule based on fraud exception has been known as the negative factor which lead to the disruption of "principle of independence & abstraction" under the commercial L/C transactions. As a result, the fraud rule is necessary to limit the activities of fraudsters, but its scope must be carefully circumscribed so as not to deny commercial utility to an instrument that exists to serve as an assurance of payment. But the fraud itself has not been firmly established because it is inherently pliable in its concept. There are numerous contents to describe the application of fraud to the L/C transactions as a standard such as egregious fraud, intentional fraud, L/C fraud(omitted here), flexible fraud, and constructive fraud. And so the standard applicable to the commercial transaction as the fraud rule would be high or low depending upon the various standards of fraud.

• 가정과삶의질연구
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• 제23권2호
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• pp.77-91
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• 2005

The purpose of this study is to investigate general tendencies in credit card use, and determine the causes of the use of cash advance service and deferred payment among college students. Socio-demographic variables(gender, year in college, allowance, family income, parents' education and occupation, having taken a personal financial management course), knowledge and attitudes toward credit card, and financial management practices were incorporated as antecedent variables. Logistic regression analysis and multiple regression analysis were conducted to test the hypotheses. The results were as follows ; First, $32\%$ of the college students with no regular income experienced deferred payment, and $60.4\%$ of them had used a cash advance service. Second, the frequency and amount of cash advance service use were affected by family income, financial practices, and allowance. The financial practice as a parameter was affected by their completion of a personal finance course and their allowance. Third, deferred payment of credit was affected by their knowledge on credit cards and their financial practices. The financial practices as a parameter were affected by the family income and their completion of a personal finance course, and the knowledge on credit cards was affected by gender. Lastly, implications and suggestions for credit card use behavior research and consumer credit education are discussed in this article.

• 한국전자거래학회지
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• 제27권2호
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• pp.105-135
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• 2022

코로나19로 인한 이커머스 거래의 급증으로 해외에서는 Buy Now Pay Later(선구매 후결제, 이하 BNPL)가 밀레니얼 세대 사이에서 차세대 결제 수단으로 부상했다. 국내에서는 네이버 쇼핑과 쿠팡이 후불결제를 제공해 고객 락인(lock-in) 효과, 카드사 수수료 절감, 소매금융사업 진출 등을 도모한다. 그러나 소비자 관점에서 후불결제의 수용에 영향을 미치는 요인에 관한 국내 연구는 부족하다. 이에 20~30대 대상으로 실증연구를 진행한 결과, 후불결제 수용에 영향을 미치는 요인은 네이버쇼핑은 호환성>혁신저항>충동구매 성향, 쿠팡은 호환성> 상대적 이점>혁신저항>추가가치 순으로 나타났다. 한편 네이버쇼핑은 충동구매 성향이 수용의도에 정(+)의 영향을 미치므로 연체율 관리가 관건이며, 쿠팡은 충동구매 성향이 지각된 위험에 정(+)의 영향을 미치므로 연체료, 신용등급 하락 등 위험 요소를 충분히 전달하고 후불결제로 유도한다는 느낌을 소비자가 받지 않도록 해야 한다. 후불결제 수용을 높이려면 타깃 고객을 세분화하고 버티컬 커머스와 제휴하는 방안을 추천한다.

• 통상정보연구
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• 제10권2호
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• pp.283-304
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• 2008

According to globalization and localization of world economics international trade payment method was also changed. A traditional payment was Letter of Credit basis, however it is being increased to various methods such as remittance, documentary collection(D/P, D/A) and open account. In order to acquire a secure export payment, exporters prefer to L/C basis which is guaranteed by a reliable bank. However, the L/C should bear a security so that importers would rather documentary collection than L/C. The reasons for the preference of collection payment rather than L/C are a low commission cost, the conversion of buyer's market from seller's market due to severe competition in the world market, transaction increase between main office and branches and a right to control the goods until executing the payment by exporters. Besides of them, collection payment can handle safer and faster than open account basis. However, the collection payment has a risk which it isn't guaranteed by bank for the payment so that I would suggest countermeasures to minimize the payment risk utilizing the collection basis as follows; using export credit insurance system, a large domestic credit report provider such as D&B for absolutely fresh and new information, a collection proxy service for overseas deferred credit and suggestion specifying to order B/L not straight one on consignee in order to transfer the right of ownership with endorsement without problem.

• 통상정보연구
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• 제10권1호
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• pp.139-154
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• 2008

This research want to discuss some issues about payment system of America. This research focuses on comparing ACH with Fedwire. Firstly Fedwire is the payment system for only large-dollar transfer(Large-Value Transfer System; LVTS), while ACH(Automated Clearing House)payment mainly applies a consumer account. Secondly ACH transaction is either credit or debit transfer, while Fedwire is only credit transfer. Thirdly the communication system of Fedwire has twoway method, telephonelike communication network, but ACH is oneway store and forward electronic mail. At present LVTS divides into RTGS(Real-Time Gross Settlement) and DNS(Deferred Net Settlement). However Fedwire uses either RTGS(instantaneous for every transaction) or DNS(net net transaction) but ACH uses only DNS(net net transaction). Fourthly ACH is substantially cheaper than the Fedwire payment. lastly security is important in both Fedwire and ACH, it is even more crucial in Fedwire In addition, for each transaction, Fedwire may entail individual instantaneous confirmation to the originator and notification to the receiver, whereas ACH do not.

• 문화기술의 융합
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• 제9권5호
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• pp.493-499
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• 2023

신용거래(Trade Credit)는 제품 공급자가 중간유통자에게 제품 구입비용에 대하여 일정 기간 동안 지불 유예를 허용하는 거래 행위로 일반적으로 경쟁 기업과의 차별화 수단으로 허용되어 진다. 이와 같은 신용 거래는 고객의 거래량(주문량 크기) 증대를 목적으로 거래량의 크기에 따라 종속적으로 허용되는 것을 흔히 볼 수 있다. 또한 중간유통자 입장에서 보면 신용거래가 허용되면, 제품 구입비용에 대하여 일정 기간 동안의 지불 유예가 가능하여 재고투자비용의 절감 효과를 기대할 수 있고, 이와 같은 재고 투자비용의 절감은 최종 고객의 수요를 늘릴 수단으로 판매가격을 할인하는 요인이 될 수 있다. 본 연구에서는 공급자가 중간유통자의 거래량에 종속적으로 지불 유예 기간을 허용하는 상황 하에서 최종고객의 연간 수요가 중간유통자의 판매가격에 지수적으로 감소하는 가격탄력함수(a price elasticity function)의 경우를 고려하여 중간유통자 관점의 최적 판매가격과 주문량을 결정하는 모형을 분석하고자 한다. 문제 분석을 위하여 제품은 시간이 경과함에 따라 일정율로 퇴화하는 경우에 중간유통자의 재고 모형을 수립하고, 퇴화가 중간유통자의 재고 정책에 미치는 영향에 대해서 분석 해 보고자 한다.

• Journal of Korea Trade
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• 제24권4호
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• pp.49-70
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• 2020

Purpose - The UCP is recognized as the governing law for L/C transactions, but it covers only the general details of the transaction and does not cover all complex practices. In view of this limitation, this paper examines a negotiation transaction which is most actively utilized in L/C transactions via a thorough review of the UCP provisions, analyzes the problems of the negotiation clause in the UCP, and suggests appropriate countermeasures to deal with unnecessary litigation costs. By doing so, the parties involved in the negotiation transaction would be able to avoid financial costs such as having to pay for lawsuits. Design/methodology - The present study first differentiates the general types of L/Cs (e.g., sight payment L/C, deferred payment L/C, acceptance L/C, and negotiation L/C), explains and the Article 2 and Article 12(b) of the UCP 600 where the term 'negotiation' is used, digs into the drawbacks of 'negotiation' occurring under the UCP 600, and discusses solutions to the problems found by analyzing the drawbacks descriptively. Findings - After a review of the UCP provisions on negotiation in detail, several possible problems which may occur in practice were discovered. First, as the UCP stipulates, the negotiating bank will want to delay payment to the maximum extent possible and make payment on the banking day on which the issuing bank reimburses the amount. This may lead the beneficiary towards bankruptcy or put it in financial crisis. Second, when a fraudulent transaction occurs, the negotiating bank can neither request the issuing bank to reimburse nor can it exercise its recourse right against the beneficiary because it has obtained all the rights of the beneficiary by purchasing the documents. Third, there is a practice in which the beneficiary sells the documents to its transaction bank which is not the nominated bank if the nominated bank specified in the credit is located in a third country or the exporter has no relationship with the nominated bank in the credit. In this case, whether to accept this and reimburse the non-nominated negotiating bank entirely depends on the issuing bank's decision even though such practice frequently occurs in Korea. Originality/value - There has been little research effort pertaining to negotiation transactions in detail even though negotiation L/C transactions account for around 70% in world trade notwithstanding deferred payment L/Cs and acceptance L/Cs that are also negotiated in practice. Thus, if the negotiations clause under the UCP 600 provisions were reviewed and the drawbacks of the negotiation transactions most actively used in L/C transactions were identified and examined, specific countermeasures could ultimately help smoothen the operation of L/C transactions and prevent financial losses.