ICC/ISBP의 주요특징과 적용상의 문제점

서종두(Jong-Doo Seo) 한국무역학회 2003 한국무역학회 국제학술대회 Vol.2003 No.10

The publication International Standard Banking Practice for the Examination of Documents under Documentary Letters of Credit (ISBP) is the product by a task force of the ICC Banking Commission, October 2002. The ISBP is a practical complement to UCP 500, ICC's universally used rules on documentary credits. The ISBP does not amend the UCP. It explains, in explicit detail, how the rules are to be applied on a day-to-day basis. It fills a needed gap between the general principles announced in the rules and the daily work of the documentary credit practitioner. By using the ISBP, document checkers can bring their practices in line with those followed by their colleagues worldwide. The result should be a significant reduction in the number of documents refused for discrepancies on first presentation. We are convinced that the benefits of the ISBP will not only be of high importance for users of UCP 500, but also that the practices in the ISBP will survive a UCP revision, or will even be included in the next version of the rule (so call UCP 600). Though the above-mentioned benefits of the ISBP, there are several troublesome topics that will probably have to wait for a new UCP revision. ① One of the more difficult topics was the question of the language of documents (para. 26). Here almost everyone had his own views. Some said that all credits and documents must be issued in English; others felt: that all languages should be acceptable. ② Another difficult topic was shipping marks (Para. 36). The question was whether all documents have to show the marks, whether there is a difference between marks and other details related to the marks, and also whether marks and all details should be stated in the documents, or whether marks alone would do. ③ Whether and how certificates, etc. should be signed and dated was another topic widely discussed (Para. 13 and 39). ④ Para. 22(b) of the ISBP gives the term stale documents acceptable a meaning although there is an official Opinion (ICC Publication 371) that since the term stale no longer appeared in the Uniform Customs and Practices, it should no longer be used in credits. ⑤ The task force received many comments concerning the name and address of the beneficiary and of the applicant on invoices (Para. 26) - whether all details should be stated in the credit (phone number, account number, etc.), whether the address must be exactly as stated in the credit or even whether an address must be stated at all. ⑥ In the Para. 45(d) of the ISBP, the term from receives the meaning of excluding the first day of the period mentioned, although R. 294 of ICC Publication 565 contains a statement that However, 'from' is widely accepted as being inclusive of the first day of the period concerned, while 'after' commences the date following receipt or action. ⑦ Para. 98 of the ISBP relates to the notion that if a credit stipulates that costs additional to freight are not acceptable, a bill of lading must not indicate that charges and/or costs additional to freight have been or will be incurred. We wonder whether every document examiner would have knowledge of all charges or costs additional to freight stipulated in a bill of lading. ⑧ Para. 187 of the ISBP relates to the insurance document for partial cover. This is a totally new approach without there being any official Opinion of ICC on this issue. We strongly disapprove of the notion that every document examiner will now have to familiarize himself with all possible clauses. ⑨ Other questions : Is the title or the content of a document most important? Does a document need to have a title? (Para. 43). What does third party mean? (Para. 22). Who are the two parties? Is the bank one of them? Is the beneficiary one of the two parties or is he a third party? We often believe that words and phrases have a common meaning, but at times they cause misunderstandings. The sign

ICC/ISBP의 주요특징과 적용상의 문제점

서종두(Jong-Doo Seo) 한국무역학회 2003 國際學術大會 論文集 Vol.2003 No.10

The publication International Standard Banking Practice for the Examination of Documents under Documentary Letters of Credit (ISBP) is the product by a task force of the ICC Banking Commission, October 2002. The ISBP is a practical complement to UCP 500, ICC's universally used rules on documentary credits. The ISBP does not amend the UCP. It explains, in explicit detail, how the rules are to be applied on a day-to-day basis. It fills a needed gap between the general principles announced in the rules and the daily work of the documentary credit practitioner. By using the ISBP, document checkers can bring their practices in line with those followed by their colleagues worldwide. The result should be a significant reduction in the number of documents refused for discrepancies on first presentation. We are convinced that the benefits of the ISBP will not only be of high importance for users of UCP 500, but also that the practices in the ISBP will survive a UCP revision, or will even be included in the next version of the rule (so call "UCP 600"). Though the above-mentioned benefits of the ISBP, there are several troublesome topics that will probably have to wait for a new UCP revision. ① One of the more difficult topics was the question of the "language" of documents (para. 26). Here almost everyone had his own views. Some said that all credits and documents must be issued in English; others felt: that all languages should be acceptable. ② Another difficult topic was "shipping marks" (Para. 36). The question was whether all documents have to show the marks, whether there is a difference between "marks" and other details related to the marks, and also whether "marks and all details" should be stated in the documents, or whether "marks" alone would do. ③ Whether and how certificates, etc. should be signed and dated was another topic widely discussed (Para. 13 and 39). ④ Para. 22(b) of the ISBP gives the term "stale documents acceptable" a meaning although there is an official Opinion (ICC Publication 371) that since the term "stale" no longer appeared in the Uniform Customs and Practices, it should no longer be used in credits. ⑤ The task force received many comments concerning the name and address of the beneficiary and of the applicant on invoices (Para. 26) - whether all details should be stated in the credit (phone number, account number, etc.), whether the address must be exactly as stated in the credit or even whether an address must be stated at all. ⑥ In the Para. 45(d) of the ISBP, the term "from" receives the meaning of excluding the first day of the period mentioned, although R. 294 of ICC Publication 565 contains a statement that "However, 'from' is widely accepted as being inclusive of the first day of the period concerned, while 'after' commences the date following receipt or action." ⑦ Para. 98 of the ISBP relates to the notion that if a credit stipulates that costs additional to freight are not acceptable, a bill of lading must not indicate that charges and/or costs additional to freight have been or will be incurred. We wonder whether every document examiner would have knowledge of "all charges or costs additional to freight" stipulated in a bill of lading. ⑧Para. 187 of the ISBP relates to the insurance document for partial cover. This is a totally new approach without there being any official Opinion of ICC on this issue. We strongly disapprove of the notion that every document examiner will now have to familiarize himself with all possible clauses. ⑨ Other questions : Is the title or the content of a document most important? Does a document need to have a title? (Para. 43). What does "third party" mean? (Para. 22). Who are the two parties? Is the bank one of them? Is the beneficiary one of the two parties or is he a third party? We often believe that words and phrases have a common meaning, but at times they cause misunderstandings. The sign "/" is one of them (Para. 7

부정형 Kawasaki 병

서종두,강진무,권태찬,차홍대,김명성 대한감염학회 1991 감염 Vol.23 No.2

Clinical analysis was done on 13 cases of atypical Kawasaki disease who had prolonged high fever of unknown etiology associated with less than two clinical diagnostic criteria for Kawasaki disease and also had coronary abnormality on two dimensional echocardiography. Following results were obtained. 1) Among 13 cases, 9 cases were male and mean age was 28.2 months. 2) Body temperature was ranged between 38.5∼40.6℃ and the mean duration of febrile illness was 11.7 days. 3) Clinical Symptoms other than fever were bulbar conjunctival congestion in 46.2%, lips and oral cavity changes in 61.5%, cervical lymphadenopathy in 23.1%, polymorphous exanthema in 30.8% and changes of peripheral extremities in 38.5%. 4) Thrombocytes on admission were over 450,000/㎣ in 76.9% and the mean was 547,846/㎣. 5) ESR was elevated in all cases. 6) Echocardiogram revealed left main coronary artery dilatation in 84.6% of the cases. These results were almost same patterns which were observed in 64 cases of typical Kawasaki disease, seen during the same period in Dong San hospital. This analysis suggests that the diagnosis of Kawasaki disease be considered in an infants or children with a prolonged unexplained high fever and a partial criteria for Kawasaki disease and initiated prompt anti-platelet therapy to prevent or decrease the mortality and serious coronary complications.

Mycoplasma Pneumoniae 폐렴의 임상적 고찰

서은숙,허상명,서종두,강진무 대한감염학회 1991 감염 Vol.23 No.3

A retrospective study of clinical features in 71 patients with M pneumoniae pneumonia who were admitted to the department of pediatrics, Keimyung university, Dong san hospital from January to December 1989 was performed. The results were as follows. 1) The peak incidence of age was 5 to 9 years (69%), and male to female ratio was 1.2:1. 2) Monthly distribution showed the highest frequency in July (33.3%). 3) The most frequent symptom was cough (95.8%) followed by fever (74.7%), sputum (49.3%) and runny nose (28.2%) in order. 4) The common physical findings on admission were rales (77.4%) and throat injection (19.7%). 5) WBC count was within normal range (5000-9999/㎣) in 57.8% and ESR was elevated in 46.5%. 6) A mycoplasma antibody titer was greater than 1:80 in all cases, and the antibody titer began to rise at 15 days and reached peak level on 17 to 23 days onset of illness. 7) Chest X-ray showed pulmonary infiltration in 97.4% of the cases which include bronchopneumonia (45.1%), lobar pneumonia (31%), and interstitial pneumonia (18.3%). Unilateral involvement (76.1%) was more common than bilateral involvement (19.4%). 8) Compications were bronchial asthma (2 cases), atelectasis (1 case), sinusitis (2 cases), chicken pox (1 case), streptococcal sepsis (1 case) and bacteria associated hemophagocytic syndrome (1 case). Pleural effusion was seen in 25.4% of the cases. 9) Patients were treated with erythromycin and all patients were recovered without sequalae.

포진성 뇌염 1례

주양구,강진무,손성민,서종두,김준식 계명대학교 의과대학 1991 계명의대학술지 Vol.10 No.2

We experienced a case of Herpes Simplex Encephalitis in a 3 year-old boy. The diagnosis was made by clinical symptoms, CSF study, serologic test, EEG and brain CT. Herpes simplex virus specific antibody was detected from serum and cerebrospinal fluid on 36th hospital day. Patient was treated with acyclocvir and improved in association with neurological sequallae. Brief review of literatures was made.