• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.70
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• pp.109-133
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• 2016

As for Korea, China is very important because of an advantageous geological accessibility and high economic dependency. Therefore, the Korean government announced its plan to establish 5billion dollars' investment from Greater China (including Hong Kong and Singapore) and the government has put much effort into accommodating more Chinese investment by diversifying investment channels from Greater China. Under this major Chinese investment boom, it is crucial to conduct in-depth research on accommodation of Chinese investment and create a plan to establish Chinese capital investment that will benefit both the investing country and the countries receiving the investment. Hence, the present study analyzed current trends in Chinese investment for the Korean market, focusing on the stimulation methodology for establishing greater investment from China. To this end, this paper examined various investment characteristics of Chinese investors for the Korean market by researching investment development levels on different time lines and analyzing Chinese investment in Korea for a variety of industries. Through the research, the following study derived a more effective strategy to accommodate greater Chinese capital investment. There has been a worldwide increase in the number of letter of credit cases involving fraud recently. It may happen that the documents which are tendered to the banks under a documentary credit are forged, altered or fraudulent. Banks assume no liability or responsibility for the form, sufficiency, accuracy, genuineness or falsification of any documents.

• Korea Trade Review
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• v.44 no.6
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• pp.87-103
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• 2019

L/C(Letter of Credit) is a common payment term designed to prevent credit risk in international trade. However, most companies prefer T/T (Telegraphic Transfer) payment due to its time and cost efficiency. According to related statistics, more than 70% of international trade contracts are based on T/T rather than other payment terms. The time required from the export negotiation to the completion of the export transaction and collection in international trade is very long. In this process, disputes related to settlement are continuous, so caution should be exercised. Therefore, whether or not the export payment is recovered in a timely manner is the core issue of trade transactions for exporters. The purpose of this study is to identify problems that cause delayed payments during settlement by the remittance (T/T) method, which can lead to settlement risk, in order to investigate those factors which can lead to delays in payments and increased risk as well as to determine ways to prevent such factors in advance. According to empirical findings, trading experience, transaction duration, and contract contents can be important determinants in terms of payment delays. Industry uniqueness and market uncertainty were found to be in opposition to the hypothesized relationships. The results of this study will be useful for trading companies to reduce their payment risk.

• Korea Trade Review
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• v.42 no.2
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• pp.205-225
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• 2017

The study attempts to verify the case related to the notice of payment refusal by issuing bank regarding discrepancy in transport document under L/C(Letter of Credit) transaction. Considering the high portion of trade between Korea and China, Korean companies and banks in L/C transaction should be careful about many unpredictable situations. The case of this study is that Chinese seller(beneficiary) initiated a civil suit against Industrial Bank of Korea to Chinese court and Chinese courts in the first and second trials judged that the notice of payment refusal by Industrial bank of Korea doesn't satisfy Article 16, (c) (ii) (iii) in UCP 600. However, Industrial Bank of Korea implements the judgement even though the judgement is highly biased to Chinese seller. Considering the judgement by Chinese courts, the study suggests some countermeasures to Korean companies and banks which opened L/C. First, the issuing bank should describe the contents of discrepancy specifically based on Article 16, (c) in UCP 600. Second, it is necessary to insert a clause regarding governing law in the L/C contract like sales contract. Third, considering the biased judgement by Chinese court and difficulty in execution of foreign judgement in China, it is recommended to using arbitration as a method of dispute resolution such as ICLOCA and DOCDEX Rules which are international system operated by international instruments because it has legal effects to parties in L/C contracts if the issuing bank inserts arbitration clause in L/C.

• Korea Trade Review
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• v.43 no.4
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• pp.89-110
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• 2018

This paper reviews the practical operations and exceptions to the independent principle by analyzing the leading cases of English documentary credit transactions. A bank's undertaking in L/C transactions differentiates between underlying contract and other contracts. The autonomy principle is the key principle governing L/C, but this principle may be connected with unfair (unjust) payment. English Law is strongly influenced by the developments in American Law in the case of fraud, but traditionally, British courts has been very reluctant to interfere in banks' independent undertaking under the L/C. The position of British case law relating to fraud is based on Sztejn. In practice, British courts recognize fraud as an exception to the autonomy principle in which the case is sufficiently serious to render it unjust to permit the beneficiary to receive payment. British case law has historically taken a narrow approach toward intervention in the independent principle of documentary credit. Therefore, innocent parties including beneficiaries are protected by these regulations regarding fraud.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.36
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• pp.47-84
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• 2007

The Uniform Customs and Practice for Documentary Credits ("UCP") may be treated as a useful laboratory for studying the scope and limitations of self regulation. This is due to its almost universal success on a global stage which provides it a perspective rarely available for self regulatory provisions and due to extensive experience of judicial review of it. In this sense, it is worthwhile to examine in brief the latest iteration of the UCP, Publication No. 600 ("UCP600"). This article describes and analyze some of core provisions of the UCP600 from the perspective of their adequacy as an exercise in self regulation. It is attempted first in view of several categories of private rulemaking; definitional rulemaking, default rules, procedural rules, and remedies. After that, it is examined second in view of sound rulemaking which is related to the relative role of law and practice. It points out rich and varied insights into the possibilities and problems associated with private rulemaking in connection with commercial transactions.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.13
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• pp.537-561
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• 2000

In these days, there are various types of fraud in L/C transaction. But we has no article on fraud in the UCP. So the matter of fraud has been depended on the judgement of court of each country. But the judgements are different in each case. These cause the difficulties in practice. To solve this problem, it is desirable to insert the relative article in the UCP. I considered the article 5-109 of UCC for pre-study on this matter. But the article 5-109 of UCC has some problems. To arrange the relative article on fraud in the UCP, we have to consider more severely on article 5-109 of UCC. Especially, it should be studied on cases in practice. This is left for next study.

• Korea Trade Review
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• v.46 no.2
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• pp.371-387
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• 2021

This paper analyzed 110 papers related to the field of trade settlement published in the Korea Trade Review for 40 years from 1980 to 2019. This study tried to provide an insight on research topics and to suggest future research directions. The papers were analyzed according to the detailed topics of trade settlement. Research trends were identified every ten years by investigating the most frequently used titles and keywords. The analysis found that the direction of the research changed in line with the changes in trade settlement practices. Future research lies in the field of electronicization of traditional settlement methods, search for alternative settlement methods, individual international microtransaction and trade fraud.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.70
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• pp.21-38
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• 2016

The trend of payment terms of an international trade has been changed from letter of credit to open account. In this regard factoring has come out to support SMEs in terms of financing on a without recourse basis. However, factoring is in Korea is not workable softly due mainly to legal system affecting smooth assignment of receivables. Therefore this study suggest the following solutions : Korean Civil Law shall be modified to protect factor's position as a right creditor to debtor and protect factor's position when perfection among several creditors are incurred. However, formal modification to this end would not be easy in short run and it is suggested that a special law be established in case a commercial receivable assignment both domestic and internationally happens between seller and factor.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.13
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• pp.933-977
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• 2000

BOLERO project and TradeCard System are attracted public attention as new settlement method that is able to substitute for documentary letter of credit. BOLERO is the business processes and methods, together with the digital information system, which are provided by Bolero International for communicating Messages and Documents and facilitating business transactions. TradeCard aim to make international business-to-business e-Commerce easy, fast, inexpensive and secure while innovating current documentary compliance and financial settlement mechanisms. The main purpose of this paper is to search the possibility of paperless trade. Since, this paper examine the international legal feasibility of these systems and compare the strength and weakness.

• Journal of Information Processing Systems
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• v.16 no.2
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• pp.318-328
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• 2020

Letter of Credit (L/C) is currently a very popular international settlement method frequently used in international trade processes amongst countries around the globe. Compared with other international settlement methods, however, L/C has some obvious shortcomings. Firstly, it is not easy to use due to the sophisticated processes its usage involves. Secondly, it is sometimes accompanied by a few risks and some uncertainty. Thus, highly efficient methods need to be used to assess and control these risks. To begin with, FAHP and KMV methods are used to resolve the problem of incomplete information associated with L/C and then, on this basis, Bayesian game theory is used in order to make more scientific and reasonable decisions with respect to international trade.