B/L, AWB 및 MTD의 特性에 관한 比較·硏究

崔斗壽 인제대학교 1994 仁濟論叢 Vol.10 No.2

In international trade, the most important point is the commercial characteristics which international transport documents, such as B/L, AWB and MTD, carry out various functions in the international trade mechanism. This paper reveals what reason and background contribute to the establishment of these characteristics, and what kind of influence was resulted by them in the course of performance of international trade in terms of international transportation practices and merchants' necessity for the documents. Traditionally, marine transport has been characterized by large volume and low price of transportation, and air transport by rapid and safe transpotation, whereas multimodal transport has been developed by harmonizing the advantages of the marine and air transport. On the other hand, various parties concerned with the international trade mechanism were willing to realize their interests by these documents. Namely, by them, shippers and consignees ascertain rapid and safe transportation of cargo on transportation contract; sellers receive payment in time on sale contract according as buyers receive suitable and merchantable goods ; and bona filer holders such as banks concerned with L/C transaction secure security and credit to the advanced payments. As a result, from the beginning of their issuance, the international transport documents came to possess various unique characteristics. In the international trade mechanism, the characteristics of the documents will be developed diversely due to various parties concerned and their purposes to use them. However, there should be a limitation on the transportation practices and conditions by the international transport systems. In conclusion, the characteristics of B/L, AWB and MTD are defined as a copromising product between international merchants' necessity to use them and actual transportation customs.

金海地域 豚肉 對日輸出活性化方案

崔斗壽 인제대학교 1999 仁濟論叢 Vol.15 No.1

It is pointed out that pork produced in the Kimhae area has to be exported to Japan on several grounds. Above all, the local agriculture, which has dwindled since the Urguay Round, depends on it. Also, the pork exportation to Japan functions as controlling supply and demand of the locally produced Pork and stablizing its prices. Furthermore, as an expert model for other profitable crops, it will encourage exportation of agricultural and livestock products, stimulating the local economy. Nevertheless, the Kimhae area has some advantages of exporting pork to Japan. First, while belly, jowl and spareribs are preferred in Korea, loin, tender loin and ham are preferred in Japan, which shows parts of the meat have competitive prices. Second, as Taiwan withdrew from the Japanese market due to foot and mouth disease, there are better chances of exporting goods to Japan. Third, since the Kimhae area adjoins the Japanese market geographically and also has Korea's No. 1 trade port, Pusan, and Kimhae International Airport in the neighborhood. it is in a better position to expert fresh cold meat in terms of freight and the period of transportation. Finally, the establishment of the Kimhae Livestock Joint Market made it easier to process and export pork and to serialize the business. Based on these facts, it is expected that the pork exportation from the Kimhae area will increase sharply. However, there still remain many problems to be solved. Above all, the large-scale pork exports only began in 1996, and they still lack enough trade experiences. Furthermore, there exist many problems related to Production and expert foundations. Quality and productivity of pork to be exported are sliding to a great extent compared to other competitors, which has eventually caused a drop in the export unit cost and profitability. Accordingly, the prospects of exportation are not bright. Japan is the world's biggest pork import market. It is all more difficult to predict which direction Japan is going to take since too many countries are competing for its market and since they all have their own exporting peculiarities. Fortunately enough, however, pork exportation from the Kimhae area to Japan is on the increase This work was supported by Grant from Inje University, 1997.

선화증권의 문언증권성에 관한 연구

최두수 인제대학교 2011 仁濟論叢 Vol.26 No.1

From a long time ago, the circle of international transport practices has developed estoppel in words and phrases on a B/L, due to the remoteness between a shipper and a consignee resulting from transportation over a long period of time and a long distance, the necessity as evidence for the cargo and carriage contract between a cargo owner and a carrier, and the need to substitute a B/L for the cargo. The circle has acknowledged estoppel on a B/L for the purpose of reselling or disposing of cargo by means of its words and phrases and its information until the cargo arrives after the B/L arrived at the destination. By these characteristics, the words and phrases on a B/L would be the only prima facie evidence between a shipper and a carrier about their concerned matters. However, they become conclusive evidence between the carrier and a third party who trusts them and gets a B/L transferred. By this estoppel effect, a B/L acts as the receipt and the bill of cargo, evidence for carriage contract, and the document of title. Additionally, it is equipped with the function of a bond and a real right, equivalent to saying that the cargo has been delivered as specified in the words and phrases when a B/L is issued to the party who will receive the cargo. Furthermore, it enables the B/L to function as a certificate of order, negotiability, interchange, delivery, and disposal, etc. As a result, a B/L is utilized as proof of delivery of the contracted goods and as a shipping and warranty document, making international trade between remote and long-distant areas easy. A broader utilization of a B/L in international trade is attributed to its own characteristic, especially the estoppel, which has been formed by international traders' needs and requests from a long time ago and conceived as a concept, including Hague-Visby Rules. In this view, the estoppel might as well be called a common practice based on a fair amount of grounds and reasoning, which should be maintained despite changes in the environment and conditions in cargo transportation and international trade.

國際貨物運送書類의 性格에 관한 比較·硏究

崔斗壽 인제대학교 인문사회과학연구소 1998 인문사회과학논총 Vol.5 No.1

In international trade, the most important point is the commercial characteristics which international transport documents, such as bill of lading, air waybill and multimodal transport document, carry out various functions in the international trade mechanism. This paper reveals what reason and background contribute to the establishment of these characteristics, and what kind of influence was resulted by them in the course of performance of international trade in terms of international transportation practices and merchants' necessity for the documents. Traditionally, marine transport has been characterized by large volume and low price of transportation, and air transport by rapid and safe transportation, whereas multimodal transport has been developed by harmonizing the advantages of the marine and air transport. On the other hand, various parties concerned with the international trade mechanism were willing to realize their interests by these documents. Namely, by them, shippers and consignees ascertain rapid and safe transportation of cargo on transportation contract: sellers receive payment in time on sale contract according as buyers receive suitable and merchantable goods: and bona fide holders such as banks concerned with L/C transation secure security and credit to the advanced payments. As a result, from the beginning of their issuance, the international transport documents came to posseess various unique characteristics. In the international trade mechanism, the characteristics of the documents will be developed diversely due to various parties concerned and their purposes to use them. However, there should be a limitation on the transportation practives and conditions by the international transport system. In conclusion, the characteristics of bill of lading, air waybilll and multimodal transport document are defined as a copromising product between international merchants' necessity to use them and actual transportation customs.

UCP500에 나타난 運送書類의 受理慣習에 관한 硏究

崔斗壽 인제대학교 1993 仁濟論叢 Vol.9 No.2

The distinctive feature of the 5th UCP revision is the substantial reshuffle of the provisions regarding transport documents, which is the natural result, considering the fact that the documents are essential for the security of bill of exchange in letter of credit operations. The revision may be summarized as in the following three ways : (1) classifing and itemizing acceptable documents by transport modes, (2) accommodating actual transportation and banking parctices greatly, (3) improving the provisions regarding documents in more distinct and concrete ways. The main purpose of the 5th UCP revision is to activate credit operations ultimately by strengthening the security function of the documents, and thus enhancing bona fide holder's reliability on them. To accomplish this, the UCP500 added various provisions regarding the issuing conditions of documents, the states of loaded cargo and transportation terms in order that cargos may be carried timely and safely, and transportation credit secured satisfactorily. However, from the viewpoint of practices of bank's accepting transport documents, two structural problems of the UCP500 may be pointed out. One is the possibility that the bank may not discriminate which category the documents that a beneficiary presents belong to, though the kinds of documents were divided concretely and the conditions of bank's accepting them were set up separately by transport modes in the UCP500. The other is the possibility that real security function on bill of exchange on which the documents have ever since acted in credit operations may become weak, according as acceptable documents were extended, and thus non-negotiable ones which aren't document of title will be accepted frequently. In conclusion, the 5th revised UCP500 is a compromise between the bank's intent to stipulate the provisions regarding transport documents more strictly and actual transportation along with banking parctices which limit the intent.

貿易去來상 海上貨物保險書類의 機能과 具備要件

崔斗壽 인제대학교 1998 仁濟論叢 Vol.14 No.2

위안화의 煥率變化가 우리나라 輸出入에 미치는 影響

최두수,유정수 仁濟大學校 2005 仁濟論叢 Vol.20 No.1

COD, T/T 및 D/P方式의 活用度에 관한 比較ㆍ考察

최두수 仁濟大學校 2005 仁濟論叢 Vol.20 No.1

複合運送條件의 등장에 따른 貿易慣習의 發展展望

李龜喚,崔斗壽 新羅大學校 1987 論文集 Vol.23 No.-

After world war Ⅱ, with the container revolution the combined transport system appeared, then many problems were brought out in the field of transportation of goods which had no great significance in the earlier times. To cope with them the International Chamber of Commerce (ICC) has come to codify 「Incoterms 1980」after many times amendments, which includes trade terms-FRC·DCP·CIP, used for the contracts of Sale based on the combined transport system. In this thesis, I lightened the essence of FRC·DCP·CIP contracts, the main issues in the performance of the contracts, that is, property transfer and passing of risk from view point of jurisprudence. Under FRC contract the seller and buyer become exporter and consignor respectively, under DCP·CIP contract the seller becomes exporter and consignor, arranges the contracts of transport and insurance, and pays freight and insurance costs as under CFR·CIF contracts. But the characteristics of FRC·DCP·CIP contracts in the light of transport system depended upon the course of contacts performance. Under the former contracts the extent of obligation on all costs and the time of property transfer and passing of risk are defined by the concept-under the custody of the first carrier, which is compared with that-ship's rail under the latter contracts. The amounts of trade by the combined transport system is on the increase, but the adoptation of FRC·DCP·CIP terms is seldom, therefore the countermeasures and improvements are required. Firstly, the United Nations Convention in International Multimodel Transport of Goods(1980) should come into effect and new insurance system for the combined transport system be enacted. Secondly, combined transport document, insurance policy should be characterized by negotiability and document of title, which enable the buyer to the price of goods by documentary bill of exchange. Then the benefit of finance would be guarantees /by use of the evidential documents. Thirdly, the FRC·DCP·CIP usages should be developed with the accumulation of trade customs and juridical precedents.

SURF(信用狀)方式의 活用性에 관한 比較論的 考察

최두수 仁濟大學校 2006 仁濟論叢 Vol.21 No.1