• Title/Summary/Keyword: document examination

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Examination Criteria on the Compliance of Multimodal Transport Document in the ISBP (ISBP상의 복합운송서류의 일치성에 관한 심사기준)

  • Jeon, Soon-Hwan
    • International Commerce and Information Review
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    • v.7 no.4
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    • pp.219-243
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    • 2005
  • The Purpose of this Article is to analyze the examination criteria on the compliance of multimodal transport document in the ISBP. When the goods are taken in charge by the multimodal transport operator, he shall issue a multimodal transport document which, at the option of the consignor, shall be in either negotiable or non-negotiable form. The multimodal transport document shall be signed by the multimodal transport operator or by a person having authority from him. When the multimodal transport document is presented by the beneficiary to the bank in the letter of credit operations, the bank should examinate the bill of exchange and/or shipping documents, including multimodal transport document. There are two rules in connection with examination of the documents in the letter of credit operations. One is the "Uniform Customs and Practice for Documentary Credits(UCP 500)" approved by the Banking Commission in March 10, 1993, the other is the "International Standard Banking Practice for the Examination of Documents under Documentary Letters of Credits(ISBP)" approved by the ICC Banking Commission in October 2002. Therefore, this Article has studied the multimodal transport document presented under documentary credits on the basis of the UCP 500 and the ISBP it reflects.

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A Study on the Changes of the Basic Principles for the Examination of Documents and of Transport Document Related Articles under UCP600 (UCP 600의 서류심사기준(書類審査基準)의 기본원칙(基本原則)과 운송서류관련조항(運送書類關聯條項)의 변경내용(變更內容)에 관한 연구)

  • Oh, Won-Suk;Seo, Kyeong
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.43
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    • pp.117-142
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    • 2009
  • The purpose of this paper is to examine the basic principles for the examination of documents in terms of the basic duty to examine the documents, the time allowed to the banks to examine the documents, linkage among the documents, the originality of documents and their issuers, and the rejection formula of documents. Further this author would look at the changes of particular transport document including bill of lading, charter-party bill of lading and so on. From the seller's perspective, the changes of the principles and individual documents under UCP600 are the most important in the sense that they affect the criteria against which the payment is made. The major changes include the omission of the phrase "with reasonable care", in terms of the basic examination principles, substitute the phrase "five banking days following the day of presentation" for the phrase "reasonable time, not to exceed seven banking days following the days of receipt of documents", introduce the new wording about the linkage between the documents tendered, and make clear the meaning of the originality of documents as well as the rejection formula. For transport documents, even though dealing with bill of lading, charter-party bill of lading, transport document covering at least two different modes of transport, freight-forwarder bill of lading and freight collect transport documents, this paper focuses on the "transhipment" of bill of lading and the definition of charter-party bill of lading. Thus, UCP has been changed several times to reflect the new banking customs and practice. It, however, would not answer every questions which users and banks will raise. These questions may be best answered in the particular underlying contract. The UCP are necessary but not a sufficient instrument for the smooth operation of an international trade transaction. The rules are now out: it remains to be seen what the players do with it.

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A Study Of the Configuration requirements of the Crime of Issuance of Falsified Medical Certificates, etc. -Focusing on Supreme Court Decision 2004DO3360 Delivered on March 23, 2006 (허위진단서작성 죄의 구성요건 등에 대한 고찰 -대법원 2006.3.23. 선고 2004도3360호 판결을 중심으로-)

  • Kim, Young-Tae
    • The Korean Society of Law and Medicine
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    • v.10 no.2
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    • pp.115-150
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    • 2009
  • The Article 17 (1) of the Medical Service Act states that no one but medical doctor, dentist or herb doctor shall prepare medical certificate, post-mortem examination, certificate or prescription. Though medical certificate, post-mortem examination or certificate is a private document issued by doctor personally, it is accepted as reliable as public document. Therefore, for medical certificate, post-mortem examination or certificate, unlike other private document to guarantee authenticipy of the content, the Article 233 of the Criminal Act states the Crime of Issuance of Falsified Medical Certificates. In other words, the Criminal Act Article 233 states that If a medical or herb doctor, dentist or midwife prepares false medical certificate, post-mortem examination or certificate life or death, one shall be punished by imprisonment or imprisonment without prison labor for not more than three years, suspension of qualifications for not more than seven years, or a fine not exceeding thirtht million won. The subject of the Crime of Issuance of Falsified Medical Certificates is only a medical or herb doctor, dentist or midwife and the eligibility requirements are specified in the Medical Service Act. Medical certificate is the medical document to be issued by medical doctor to certify the health status and show the Jugdement about the result of the diagnosis, Post-mortem examination is the document to be listed by medical doctor to confirm medically about human body or dead body, and Certificate life or death is a kind of medical certificate to verify the fact of birth or death, the cause of death, such as Birth Certificate, Certificate of Stillbirth or Certificate of Dead Fetus. To constitute the crime of Issuance of Falsified Medical Certificates, it is necessary for the contents of the certificate to be substantially contrary to the truth, as well as it is needed the subjective perception that the contents of the certificate are false. The Supreme Court Decision 2004DO3360 Delivered on March 23, 2006 declared that although the Defendant did not MRI scan, etc. for precise observation about the disability status of Mr Park, it was difficult to believe that the contents of the Disability Certificate of this case were contrary to the objective truth or the defendant had perception that the contents of the certificate were false. I don't agree with the Supreme Court Decision, because the Supreme Court confirmed the decision by the court below despite the Supreme Court should have made the court below retry the reason why the Defendant did not MRI scan, etc. for precise observation about the disability status of Mr Park.

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Exploratory Study on BIM-based Information Breakdown Structure for Construction Document Management

  • Lee, Dong Gun;Cha, Hee Sung
    • Journal of Construction Engineering and Project Management
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    • v.5 no.1
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    • pp.32-39
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    • 2015
  • Construction industry is an aggregate of information that diverse information is integrated and controlled. To implement successful construction projects, it can be said that the information management is very important. In particular, because information of construction sites is controlled in a form of documents, importance of the document management in construction has been increased. But, by controlling information through documents, there are difficult problems in writing and classification of the documents and preservation and utilization of the information. Also, due to incompletion of the information management system, difficulty in systematic info management arises. For this reason, this study intends to suggest the document information breakdown structure for controlling document info efficiently which is generated at construction sites. For this, through the examination of preceding studies, establishment of the concept of the document info breakdown structure, the space breakdown structure, and the info breakdown structure, availability of document information is intended to heighten.

Some Problems and Practical Notes on UCP 600 Standard for Examination of Documents (UCP 600 서류심사기준의 문제점과 실무상 유의점)

  • Seo, Jung-Doo
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.33
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    • pp.91-118
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    • 2007
  • In the transaction of credits, banks must examine the presentation to determine, on the basis of the documents alone, whether or not the documents appear on their face to constitute a complying presentation. And bank shall each have a maximum of five banking days following the day of presentation to determine if a presentation is complying. This period does not depend on any upcoming expiry date or last day for presentation. Data in a document, 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 i) that document; ii) any other stipulated document; or iii) the credit. When a bank determines that a presentation is complying, it must honour or negotiate. But, when a bank determine that a presentation does not comply, it may refuse to honour or negotiate. When a bank decides to refuse to honour or negotiate, it must give a single notice to that effect to the presenter. That notice must be given by telecommunication or, if that is not possible, by other expeditious means no later than the close of the fifth banking day following the day of presentation.

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A Study on General Principles of the ICC Publication No.645(International Standard Banking Practice) (국제상업회의소 발간물 제645호(국제표준은행관습)에 관한 일고(一考))

  • Kim, Young-Hoon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.22
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    • pp.3-48
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    • 2004
  • Many presentations of documents are rejected because credits have been incorrectly issued. One reason of rejecting the documents is related with error in application stage of L/C. Errors may take the form of mismatches between the terms of the sales contract and the provisions stipulated in the credit. Thus, Article 5 encourages applicants to make their contribution to the smooth running of the letter of credit process by being unambiguous and brief. Another reason that the banks reject the documents relates to the ambiguity of the term "International Standard Banking Practice" That is to say, UCP500 Art.13 introduced the term "International Standard Banking Practice"(ISBP) without the definition so that one wonder what ISBP is or how ISBP apply in daily work of bankers, examination of documents. From hence, International Chamber of Commerce(ICC) started the work to document ISBP at May 2000, finally approved the result last year and published the publication titled "International Standard Banking Practice for the examination of documents under documentary credits." By applying ISBP in document examination stage, I expect that the freqency of rejecting the documents grow less and bankers' work of examination become easy. On the other hand, ISBP is supplement to UCP500 so that the interpretation of ISBP is made on the basis of understanding of UCP and its underlying principles. So, I reviewed each paragraphs of ISBP on this basis and tried to indicate contradiction between ISBP and UCP500. But because of reading not enough, I failed to search the connotative sense many paragraphs have.

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Multi-class Support Vector Machines Model Based Clustering for Hierarchical Document Categorization in Big Data Environment (빅 데이터 환경에서 계층적 문서 유형 분류를 위한 클러스터링 기반 다중 SVM 모델)

  • Kim, Young Soo;Lee, Byoung Yup
    • The Journal of the Korea Contents Association
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    • v.17 no.11
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    • pp.600-608
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    • 2017
  • Recently data growth rates are growing exponentially according to the rapid expansion of internet. Since users need some of all the information, they carry a heavy workload for examination and discovery of the necessary contents. Therefore information retrieval must provide hierarchical class information and the priority of examination through the evaluation of similarity on query and documents. In this paper we propose an Multi-class support vector machines model based clustering for hierarchical document categorization that make semantic search possible considering the word co-occurrence measures. A combination of hierarchical document categorization and SVM classifier gives high performance for analytical classification of web documents that increase exponentially according to extension of document hierarchy. More information retrieval systems are expected to use our proposed model in their developments and can perform a accurate and rapid information retrieval service.

A study on the problems of transport document as a proof of delivery on INCOTERMS 2000 (매도인(賣渡人)이 제공하는 인도증빙서류(引渡證憑書類)의 문제점(問題點)에 관한 연구(硏究) (INCOTERMS 2000을 중심(中心)으로))

  • Oh, Won-Suk
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.14
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    • pp.7-35
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    • 2000
  • The purpose of this paper is to examine the meanings of delivery of each trade term in INCOTERMS 2000, to investigate various kinds of transport document as a proof of delivery, and finally to find their problems. As a result of examination, following problems are considered to happen practically. First, a multimodal transport document referred in FOB term seems to be unappropriate because FOB term can be used in sea or inland waterway transport. Second, Assuming resale in transit in CFR or CIF term, non-negotiable Sea Waybill seems to be inappropriate. Third, As Sea Waybill is not a document of title, it can not be a security when the bank negotiate seller's draft. Fourth, INCOTERMS 2000 deleted the reference to charter party in CFR or CIF term. This deletion may raise any legal problems for the liabilities of carrier when the contradictions happen between the charter party B/L and charter party. Finally, if CFR or CIF means symbolic delivery, other documents besides B/L can not be a symbols of goods.

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A Study on Intellgence Emergency Guide Line System (지능형 피난유도선 시스템에 대한 연구)

  • Park, Yong-Gyu;Kim, Suk-Eun;Kang, Kyung-Sik
    • Proceedings of the Safety Management and Science Conference
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    • 2010.04a
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    • pp.107-116
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    • 2010
  • Government and company are unfolding greenhouse gas reduction activity to prevent the effects of global warming. Also, verification business through greenhouse gas inventory construction is spreaded variously. Greenhouse gas verification proceeds by document examination, risk analysis, field survey. Document investigates emission information, calculation standard, emission report, data management system. And through risk assessment result, establish field verification plan. Through study on risk assessment of greenhouse gas inventory verification, wish to reduce risk of verification.

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A Study on Risk Assessment of GHG Inventory Verification (온실가스 인벤토리 검증의 위험성평가에 대한 연구)

  • Lee, Kang-Bok;Kim, Geon-Ho;Lee, Seung-Hwan;Lee, Eun-Sook
    • Proceedings of the Safety Management and Science Conference
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    • 2009.11a
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    • pp.203-208
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    • 2009
  • Government and company are unfolding greenhouse gas reduction activity to prevent the effects of global warming. Also, verification business through greenhouse gas inventory construction is spreaded variously. Greenhouse gas verification proceeds by document examination, risk analysis, field survey. Document investigates emission information, calculation standard, emission report, data management system. And through risk assessment result, establish field verification plan. Through study on risk assessment of greenhouse gas inventory verification, wish to reduce risk of verification.

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