• 무역상무연구
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• 제51권
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• pp.187-210
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• 2011

International transactions have the threat of non-payment by the buyer or non-performance by the seller. Parties tend to search for additional means of securing performance and payment beyond the mere agreement in the contract. Such security may be achieved by means of a letter of credit. When contracting parties have agreed to pay by means of a letter of credit, the buyer's bank takes upon itself the obligation to pay the purchase price when the seller tenders the documents that are stipulated in the letter of credit. The documents must comply strictly with the terms of the credit.. The documents play a crucial role in letter of credit transaction. The principles of abstraction, separability and strict compliance governing the letter of credit transaction are considered. The concept of fundamental breach of Article 25 CISG was discussed. This article examines whether a failure to deliver documents conforming to the terms of the letter of credit can constitute a fundamental breach of the sales contract as defined by Article 25 of the CISG by the seller and thereby enable the buyer to avoid the contract. For letter of credit transactions it should be accepted that the delivery of non-performing documents constitutes a fundamental breach, if the result of this breach is that the bank refuses to pay the price for the goods. On the other hand, in the interpretation of Article 25 CISG, it should be noted that if the parties have agreed to payment by means of a letter of credit, they have simultaneously agreed to apply the strict compliance principle to the delivery of documents in the sales contract. Finally the parties should ensure that inconsistency between the requirements under the documentary credit and the requirements under the contract of sale is avoided, since the buyer may be in breach of his payment obligation if the seller cannot get paid under the documentary credit when his documents conform with the contract of sale.

• 무역상무연구
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• 제13권
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• pp.631-655
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• 2000

This article is focused on the review of the judgement standard for compliance of the documents in international standard banking practice. Since the establishment of Uniform Customs and Practice for Documentary Credits, The practices of the Credit transactions has been formed and developed with the rapidly changing progress of the international trade environment. but though the international standard banking practice have meaning to suggest a new examination standard, in practice, there are some problems on the judgement of the compliance of the documents. Therefore, for the useful judgement standard for compliance of the documents, the range of the standard should become concrete and simple so that all the related parties can forecast. and the opinions and interpretations published by ICC Banking Committee are recommended to be used, systematized and activated. and also with the change of the trade environment, the changed standard practice could be published annually for the useful use. and it will be necessary to consider to publish the publications in the form of the "White Book" Last, it is necessary to accept the changes by the needs of the times as the international standard banking practice promptly and analysis accurately its problems for the times of the electronic commerce, so that Credit systems should be settled and developed continuously as the useful means of the settlement of the proceeds conquering of the characteristics originated from the international transactions between the parties concerned.

• 한국해양환경ㆍ에너지학회지
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• 제13권3호
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• pp.135-150
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• 2010

폐기물 및 기타물질의 투기로 인한 해양오염을 방지하기 위해 1972년 정부간 회의에서 런던협약이 체결되었고 1996년 국제해사기구 본부에서 개최된 특별회의에서는 폐기물 처리 처분 기술과 해양환경에 대한 인식의 변화를 반영하여 동 협약을 전면 개정해 런던의정서를 채택하였다. 런던의정서는 런던협약보다 구체적으로 해양투기 관리 체제를 마련하고 조약의 법적 실효성을 확보하기 위해 준수절차와 메커니즘을 채택하도록 하고 있다. 동 의정서는 2006년 3월에 발효되었으며 2007년에는 준수절차와 메커니즘을 채택하고 준수그룹이 설치되었다. 런던의정서 준수그룹은 유엔 지역그룹 별로 선출된 각 3명의 위원들로 구성되며 우리나라는 2009년 10월에 아시아 지역 국가들의 동의를 얻어 준수위원을 배출하였다. 지리적 정치적으로 동일한 정체성을 지니는 지역그룹체제의 도입으로 런던의정서 당사국들은 의정서 관련 회의들에서 지역그룹별 투표 블록을 형성하거나 정보 교환 등을 할 수 있을 것으로 전망된다. 서유럽 및 기타 국가 그룹의 국가들로 구성된 북동대서양해양환경보호조약 (OSPAR)에서 1992년에 채택한 심의 허용 품목 이외의 포괄적 투기 금지 방식을 런던의정서에서 도입한 사례는 이러한 측면에서 주목할 만하다. 특히 런던의정서는 최근에 모든 오염원으로부터 해양환경을 보호하는 방향으로 물적, 인적 관할범위를 확대하고 있으며, 이에 따라 지역그룹의 역할은 더욱 중요하게 될 것이다. 따라서 본 소고에서는 유엔 지역그룹체제의 성격을 파악하고 런던의정서 회의들에서 지역그룹체제의 영향에 대한 검토를 통해 향후 우리나라의 대응방안을 제시하고자 한다.

• 무역상무연구
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• 제25권
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• pp.99-119
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• 2005

Recently, the export claims related to the compliance of the commercial invoice are increasing. This paper aims to review the basic requirements of the invoice, and two theories on the document compliance, i.e., the strict compliance and the substantial compliance, and to analyse the substantial compliance of the invoice through some recent cases under the UCP 500, ICC's opinions and the International Standard Banking Practice (ISBP). As regards the compliance of the invoice, a majority of the cases has held that it must comply strictly with the credit terms ("strict compliance rule"). However, a minority of courts and credit industry standards such as the UCP and ISBP published by ICC take a different approach, infusing the credit law notions such as equity, "substantial compliance rule", etc. The extent of the substantial compliance of the invoice is particularly explained in the above-mentioned invoice paragraphs of the ISBP and supported by a large number of ICC's official opinions. Especially, the parties and descriptions in the invoice must correspond with those in the credit, being not inconsistent with the other documents. Other issues related to invoices such as a tolerance of the quantity, the amount, and the number of originals or copies, etc. must comply with the credit terms substantially.

• 수산해양교육연구
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• 제20권3호
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• pp.381-389
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• 2008

In the present paper, the regulatory compliance on the report responsibility relating to marine pollution prevention working plan for ship recycling in accordance with the Marine Environment Management Law in Korea was examined. In addition, plans to raise the regulatory compliance based on the results of the regulatory compliance questionnaire survey and interview between the concerned parties were suggested. The result of the regulatory compliance revealed that the degree of regulatory compliance of all groups is 52.7%, the government official group is 56.5%, marine industry related group is 48.6% and ship recycling group is 48.6%. Counterplans to raise the regulatory compliance, such as public relations for the ship recycling and marine industry related group and the development of simple standardized report form were suggested based on the results of the regulatory compliance survey.

• 무역상무연구
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• 제41권
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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.

• Journal of Information Technology Applications and Management
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• 제16권1호
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• pp.1-20
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• 2009

Negotiation is a process of reaching an agreement on the terms of a transaction. such as price, quantity, for two or more parties. Negotiation tries to maximize the benefits for all parties concerned. instead of using human-based negotiation. the e-commerce environment provides such an environment as adopting automated negotiation. Thus. choosing agent technology is appropriate for an automatic electronic negotiation platform. since autonomous software agents strive for the best deal on behalf of the human participants. Negotiation agents need a clear-cut definition of negotiation models or strategies. In reality, most bargaining systems embody nearly one negotiation model. In this article. we present a mobile agent negotiation system with reusable negotiation strategies that allows agents to dynamically embody a user's favorite negotiation strategy which can be preinstalled as a component in the system. We develop a prototype system, which is fully implemented in compliance with FIPA specifications, and then. describe the benefits of using the system.

• 해양환경안전학회지
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• 제18권5호
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• pp.496-504
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• 2012

환경보호 분야에서는 국제협약의 원활한 이행을 위해 당사국 간의 긴밀한 협조가 요구되며, MARPOL 73/78 상 보고의무는 해양환경보호를 위한 국제협력의 일환으로서 중요한 역할을 하고 있다. 이 연구에서는 MARPOL 73/78 상 보고요건의 국제법적 의미에 대하여 살펴보고, 당사국들의 보고의무 이행현황을 조사하였다. 이를 위하여 2001년부터 2010년까지 지난 10년간의 MEPC/Circ.318의 각 항목에 따른 MARPOL 73/78 상 보고의무의 이행현황을 분석하였다. 또 다른 한편으로는 이러한 이행현황에 대한 분석을 통해 당사국의 보고의무 준수율을 향상할 수 있는 개선방안을 제시하였다.

• 무역상무연구
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• 제22권
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• pp.173-197
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• 2004

Letter of Credit between buyer and seller in International Trade Transaction is the means of payment which makes International Trade operate smoothly by guaranteeing an exporter against non-payment and an importer against non-delivery. Therefore, the parties to a sale apply UCP500 established by the International Chamber of Commerce, in accordance with principle of the freedom of contract among the parties concerned, to look to their own legal stability. However, we may recognize some cases to have been applied principle of faith and trust, one of the dominant principles of the civil law, by the Korean Supreme Court and other cases to have not been applied that principle by the Korean Supreme Court. The Court shall apply UCP500 strictly as long as the parties concerned adopt UCP500 in view of the legal stability. In other words, in case that the Court applies principle of faith and trust to the case related to L/C, this rule - principle of faith and trust - should apply to the subject matter which have not stipulated in UCP500 under certain restriction. We suggest keeping in mind points to korean companies as follows; First, the parties to a sale shall understand L/C basis transaction and principles related to L/C deeply. Second, the exporter shall prepare documents in compliance with L/C and fulfil his or her obligation according to UCP500 and L/C related to the contract. Third, as buyer or importer, when he or she receive the shipping documents with discrepancies from the notifying bank, he or she makes him or herself clear to all the parties concerned. Fourth, as bank, she shall examine all the documents according to UCP500 and L/C related to the contract, and if any document with discrepancies, the bank, by all means, shall approach applicant first, and then decide whether to pay the credit amount to beneficiary or not to.

• 정보학연구
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• 제6권4호
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• pp.163-175
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• 2003

2000년 6월부터 발전되어 온 서류결제과정을 완전히 자동화하는 새로운 부가가치서비스인 볼레로 시스템상의 SURF에 대하여 그 의의와 기능, 특징 등을 살펴보고, SURF의 운용프로세스, SURF에 의한 지급방법과 유용성에 관하여 분석한 다음, 그 한계성을 고찰하고자 하는 것이다.