• Title/Summary/Keyword: letter of credit

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A Study on the issues for Developing Int'l Electronic Commerce (국제전자상거래(國際電子商去來)의 발전과제(發展課題)에 관한 소고(小考))

  • Ha, Kang-Hun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.13
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    • pp.1033-1055
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    • 2000
  • Almost business enterprises have recently used electronic commerce to conduct their business. Electronic commerce has come to encompass the Internet as well as EDI on private networks begun in the 1960s. The Internet is already changing the way that many companies conduct their business. Domestic electronic commerce has rapidly enhanced, while Int'l electronic commerce has gone steady. There are four issues for developing of Int'l Electronic Commerce. Firstly, The EDI Standardization is to be uniformed and prevailed over the world in UN/EDIFACT authorized by ISO. Secondly, There are two useful systems on Electronic Document Transmission, so called, Bolero project system and Trade Card System. It is thought that Bolero system will be more useful for large trading enterprises, especially, who need a Letter of Credit and electronic B/L, while T/C system is proper to small trade companies who do not need those. Successful results of Bolero system is very important for Int'l electronic commerce enterprises. Thirdly, to secure electronic signature, Int'l Certification Authority is essential for the users of Int'l electronic commerce. Trusted way of distributing public keys is to use a Int'l Certification Authority. The Int'l Certification Authority will accept user's public key, along with some proof of identity and serve as a depository of digital certificates. Both governments and the International business community must involve archiving keys with trusted third parties. Finally, It is important that all the nations and UNCITRAL continue efforts to make legal bases in Int'l electronic commerce concerned, including electronic signature, certification etc.

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A Study of Images on the Hard matte Skill (하드매트(Hard Matte) 영상 기법에 관한 연구)

  • 김인철
    • Archives of design research
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    • v.12 no.4
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    • pp.23-32
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    • 1999
  • The 'Hard Matte' was the method being wide-screen to the directors wanted more vivid and made real films to the audience at the beginning of cinematography. The hard matte have changed as unique device in films as opening and closing credit titles making impressions which being captured strongly to the people at the time the wide-screen has developed. In HDTV has invented in NHK the hard matte is called 'letter box style and on music video channel we can see the style as easily. That kind of hard matte images on music video have effected to commercial films are seen recently. But some of commercial films have problems like only expending horizontal way. The hard matte is one of important ways that could regulate the art contents with art form. Korean film image makers as directors and production designers must know the role and function of hard matter has arranged reasonable in foreign films.

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A Study on the theory Substantial Compliance under UCP 600 (UCP 600상 상당일치론의 적용에 관한 연구)

  • Kang, Ho-Kyung;Lim, Mok-Sam
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.41
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    • pp.79-102
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    • 2009
  • L/C transaction, the most important issue for the seller and the buyer is the theory of documentary transaction and the theory of strict compliance which are the principles of L/C transactions. According to the leading cases in England and America where the practice of L/C transactions was created and developed, the descriptions of the commodities specified on all the documents which are submitted based on an L/C, should be identical to the descriptions of commodities specified in the L/C. And further, many leading cases of L/C continuously repeat to emphasize strict compliance. However, the recent leading cases in and out of the country show that the principle of strict compliance is being weakened. The leading cases in America show two trends of weakening the principle of strict compliance. That is, on the contrary to strict compliance, tends to apply substantial compliance (which puts more value on the substance of the documents). These leading cases reflect the attitudes of the judicial and the legislative authorization that don't want to approve formal approach to the commercial law. Recently, the Supreme Court of Korea is giving a decision on the principle of strict compliance, "The documents attached to an L/C should strictly comply with the conditions in the L/C, but it doesn't mean that they should be perfectly identical without any mistake in words. In case the bank can understand through reasonable care that a small mistake in words is too trivial to give different meaning or to give damage to the conditions of the L/C, the documents are regarded to comply with the conditions of the L/C. However, the judgment should be based on whether the difference between the documents and the L/C can be admitted by the international standard bank transaction practice or not." This decision tells that the principle of strict compliance is quite much modified so application of this modification can't be ignored. However, from the viewpoint of the party who requests to open an L/C, there is a criticism that a bank's arbitrary judgement can be involved. Therefore, reviewing the original purpose of L/C transactions (activating international transactions), the principle of strict compliance may be thought old-fashioned because it emphasizes a form, but in reality, for prompt transaction and payment, the principle of strict compliance should be observed in L/C transactions. And further, if a legislative device is prepared to systematically compensate for several side-effects, the principle of strict compliance will improve dynamic flow of prompt and low-costly L/C transactions. On the other hand, it will be able to protect the interested parties.

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A Study on Determinants of Export Payment Terms in Korean Small & Medium Enterprises (한국 중소기업의 수출대금결제방식 결정요인에 관한 연구)

  • Choi, Kwang-Ho
    • Korea Trade Review
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    • v.43 no.2
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    • pp.159-180
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    • 2018
  • The purpose of this study is to contribute to the efficient selection of SMEs' trade settlement system through the empirical analysis of determinants of the payment method of SMEs in Korea. In the previous study, external factors, internal factors, settlement characteristics, transaction goods, transaction amount factors and risk management factors were used. Questionnaires were excluded from analysis, and the number of validated samples collected was 155. To conduct the study, all empirical analyses were verified at the significance level p <.005. Statistical analysis was performed using the SPSSWIN 18.0 program. Analysis results found the payment method used in the company was based on the year of establishment, export items, transaction area, type of transaction, and size of company. Empirical analysis showed that factors influencing the choice of the letter of credit are external factors, internal factors, the risk management factors, and the transaction amounts, etc. Results of this study are as follows: First, the effects of external factors, internal factors, settlement characteristics, and transaction amounts were significant. Hypothesis testing of collections trading methods has not been adopted in all areas presented. In order to utilize the research results, we conducted the study and comparison of the payment method of the income.

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An Empirical Study of Effect how e-Trade and e-L/C Impact on Business Performance in SME (우리나라 중소기업의 전자신용장 활용(e-L/C)과 사업성과에 관한 실증연구)

  • Kwon, Seung-Ha;Park, Keun-Sik
    • Korea Trade Review
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    • v.41 no.5
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    • pp.235-254
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    • 2016
  • Recently, enterprise information management activities have been applied to promote electronic trade, while changing the paradigm of cross-border trade and overall trade business processes. L/C, which facilitates payment from the trade transaction in a company, has been able to eliminate the high cost and inefficient element of the trade process by utilizing the electronic letter of credit (e-L/C). This study examines the influential relationship among the e-trade utilizing factor (such as the perceived ease of use and the volition of CEO), the e-L/C and corporate performance, and the study aimed to verify the moderating effect of customer service level by organizations utilizing e-trade. For the purpose of the research, we conducted a survey implementing the e-L/C and analyzed the 338 data collected. The results of this research are as follows. First, the perceived ease of use and volition of CEO have positive impact on the e-L/C. Second, the e-L/C has positive impact on the business performance. Third, a moderating effect shows on the customer expectation level. The main implication of this study is that the perceived ease of use is to be considered preferentially than the volition of CEO in order to utilize electronic trading, and the volition of CEO shows synergy effect with customer service level by organization utilizing e-trade.

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The Impact of Blockchain Technology on Banks' Conventional Trade Settlements (블록체인기술이 무역결제방식에 미치는 영향에 관한 연구)

  • Zhao, Xiao;Hwang, Ki-Sik
    • Journal of the Korea Institute of Information and Communication Engineering
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    • v.25 no.3
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    • pp.346-354
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    • 2021
  • Since 2015, Blockchain has experienced rapid development throughout the world, institutions including Central Banks, Government Departments, Commercial Banks, IT Giants are all accelerating their exploration on Blockchain, and investment on Blockchain related R&D departments and start-up companies also shows explosive growth. This paper studies the impact of blockchain technology on banks' conventional trade settlement methods and describes blockchain technology in term of its concepts, advantages, and disadvantages. It also studies the application processes of blockchain technology combined with conventional trade settlement methods (remittance, collection, and L/C), and analyzes the positive and negative impacts of blockchain technology on the conventional trade settlement methods. In addition, this paper lists the blockchain application cases, analyzes the technology development status and existing problems, and puts forward suggestions and measures for the development of blockchain finance in China based on the case analysis and impact research.

A Study on the Current Status and Future Prospection of the Electronic Payment Infrastructure -Focusing on the e-L/C and SWIFT TSU- (전자결제 인프라 현황과 향후 전망 -전자신용장과 SWIFT TSU를 중심으로-)

  • Kim, Tae-Hwan
    • International Commerce and Information Review
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    • v.14 no.3
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    • pp.585-610
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    • 2012
  • There have been various attempt to offer commercial service of electronic payment. Actually, however, there has been few electronic payment model that are being used commercial service. Among them, it is estimated that only TSU(Trade Service Utility) of SWIFT will be succeed in providing commercial service possibility. In Korea e-L/C Distribution & Management System was constructed and become the first e-L/C service on a global basis via e-Trade Facilitation 3 Years Project and then started offering the world first e-L/C service. Some scholars have insisted the opinion that SWIFT L/C means e-L/C, but such opinion may be wrong because SWIFT L/C means the L/C advised by SWIFT(Society for Worldwid Interbank Financial Telecommunication) under the condition that a series of procedure from the issuance of L/C to the advice is done by SWIFT system. Because perfect e-L/C should be organically connected by SWIFT network and also, the e-L/C business between overseas banks and their customers should be organically linked with each other. The purpose of this paper is contribute to the commercialization of e-L/C distribution system by studying the current status of infrastructure concerned with domestic and overseas electronic payment and future e-payment infrastructure, seeking to be introduced internationally by doing things.

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A Study on the legal position of the carrier under the right of stoppage in transit of CISG (국제물품매매계약(CISG)의 운송유보권 하에서 운송인의 법적지위에 관한 연구)

  • Lim, Jaewook
    • International Commerce and Information Review
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    • v.16 no.3
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    • pp.159-182
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    • 2014
  • CISG Article 71 (1) states that a party may suspend the performance of his obligations if, after the conclusion of the contract, it becomes apparent that the other party will net perform a substantial part of his obligations as a result of a serious deficiency in his ability to perform or in his creditworthiness or his conduct in preparing to perform or in perfoming the contract. CISG Article 71 (2) states a 'right of stoppage in transit' that if the seller has already dispatched the goods before the grounds described in the preceding paragraph become evident, he may prevent the handing over of the goods to the buyer even though the buyer holds a document which entitles him to obtain them. The present paragraph relates only to the rights in the goods as between the buyer and the seller. Under the right of stoppage in transit, the carrier copes with risks that the seller may claim damages arose from the handing over the goods, if he hand over the goods to the buyer and that the buyer may claim damages, if he deny handing over the goods to the buyer who has the document which entitles him to obtain the goods. Therefore the legal position of the carrier may become weak. This paper purpose to point out the legal weakness of the carrier under the right of stoppage in transit and to provide the proper legal act of the carrier and possible practice related to various characters of the contract of sale of the goods. Although there is the opinion it prevent from handing over the goods to the buyer actually under the interpretation that the buyer should take claim damages to the seller, if the goods are handed over to the buyer under the right of stoppage in transit, it is not appropriate because the opinion may disable the right of stoppage in transit. The right of stoppage in transit could be carried out under any payment conditions except letter of credit and under any mode of transportation except the cases that carrier is the buyer himself or the agent of the buyer. It could be executed regardless the forms of the transport document.

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