컨테이너 B/L상의 "Unknown Clause"의 효력과 해석상의 유의점

한상현 강남대학교 사회과학연구소 2001 사회과학논총 Vol.12 No.-

Traditional, the marine(ocean) bill of lading(B/L) was made a major evidence documents of goods transport, under the contract of carriage by oversea. But, historically it has been many problem because of the Unknown Clause of Bill of Lading(B/L) under container carriage by rapid development of modern transport contrivance. According to, the purpose of this study is to survey the practical and legal characteristics of the Unknown Clause of bill of lading as traditional marine transport document. Especially, The important thing in this study is that the author put the stress on research and analyzes of the various problems which come to the Unknown Clause, which has been troubled in container marine transport between parties, particularly carrier and shipper under traditional B/L

다가논리 함수를 이용한 곱셈기 설계에 관한 연구 ( A study on the Design of a Multiplier with Multiple-Valued Logic Circuit )

한상현,김원찬 대한전자공학회 1989 대한전자공학회 학술대회 Vol.1989 No.11

EDI去來方式에 의한 國際賣買契約의 締結에 관한 硏究

南豊祐,韓祥鉉 강남대학교 사회과학연구소 1997 사회과학논총 Vol.4 No.-

신용장거래에서 비서류적 조건의 유효성과 합리적 해석

한상현 한국관세학회 2003 한국관세학회 학술대회 Vol.2003 No.11

CIF契約에서 賣渡人의 運送書類 提供義務에 관한 比較硏究

韓祥鉉,洪善義 건국대학교 1998 학술논문집 : 건국대 대학원 Vol.46 No.1

A CIF Contract is an agreement to sell goods at the an inclusive covering the cost of the goods, insurance and freight, and the duties of a CIF Seller are, first to ship (or procure a shipment of goods in accordance with the contract and, where necessary, to appropriate such goods to the contract; secondly to procure or prepare the propertransport documents; and thirdly to tender these documents to the buyer, or as the buyer directs. So, it has been from time to time been said that a CIF Contract is not a sale of goods but a sale of document. This view is based on the rule that a CIF Seller, who has having shipped, or bought afloat goods in accordance with the contract, fulfils his part of the bargin by tendering to the buyer the proper shipping document; and on the fact the CIF Contract often provide for payment in exchange for the document. In the ordinary case of a CIF Contract, the transport documents are those documents which a seller is required to tender as a condition of obtaining payment. In the absence of any contrary provision in the contract, or a relevant trade usage or custom, a CIF seller is bound to tender three such documents: Bill of Lading (B/L) as traditional marine (or ocean) transport document, Marine Insurance and Commercial Invoice. According to, the foundamental purpose of this study is to survey and to analyze the legal characteristics of the of CIF Contract and seller's obligation to tender these transport documents to the buyer. Especially, The important thing in this study is that the author put the stress on research and analyzes of the various international trade rules that is INCOTERMS, UNCCISG, UCC, RAFTD and other regulations referred to our Civil Law.

정보 및 전자통신하의 신용장거래에서 "Original Document"의 판단기준

한상현 한국정보기술전략혁신학회 2002 情報學硏究 Vol.5 No.1

무역거래에서 통신수단의 급격한 발달로 서류가 상대방에게 전달되는 과정에서 서류상의 내용은 전자문서교환으로 즉시 전달될 수 있으나 문서의 원본은 그렇지 못한 실정이므로 각종 전파나 전자매체로 전달되어오는 문서의 진위를 가려내는 것이 가장 큰 문제로 지적되고 있다. 따라서 본 연구는UCP 500의 규정을 근거로 정보 및 전자매체하의 신용장거래에서 원본과 사본에 대한 은행의 인정 및 판단기준 및 이와 관련된 사례 및 실무상의 유의점을 구체적으로 제시함으로써 신용장거래에서 은행이 서류를 심사할 때 무엇이 원본이고 무엇이 사본 서류인지에 대한 명백한 근거를 제시하였다. Over a period of several years there have been a number of queries raised with the ICC Banking Commission as to the determination, by banks, of what is an "original"document under a letter of credit and the necessity, if my, for such a document to be so marked. So, the ICC Banking Commission Decision on original documents was sent to members in July. This Decision emphasizes the need to correctly interpret and apply sub-Article 20(b) of UCP 500. Consequently, about Hand signed documents, Facsimile signed documents, Photocopies and Telefaxed presentation of documents, Banks examine documents presented under a letter of credit to determine, among other things, whether on their face they appear to be original. Banks treat as original any document bearing an apparently original signature, mark, stamp, or label of the issuer of the document, unless the document itself indicates that it is not original. Accordingly, unless a document indicates otherwise, it is treated as original if it : appears to be written, typed, perforated, or stamped by the document issuer's hand; or appears to be on the document issuers original stationery; or states that it is original, unless the statement appears not to apply to the document presented (e.g. because it appears to be a photocopy of another document and the statement of originality appears to apply to that other document).document).

미컨테이너보안대책 (CSI)의 주요내용과 정책적 시사점

한상현 한국상품학회 2004 商品學硏究 Vol.0 No.33

This paper will look into the Main Substance of Container Security Initiative(CSI) and focuses on the Policy implication of Korea's entry into the CSI with U.S.A and counter measures of our Customs Service authorities about CSI. The CSI is the umbrella term for security initiatives begun after the terrorist attacks The security initiatives have the following four objectives, each of which either has or will have regulations intended to achieve those objectives: 1. Establish security criteria 2. Pre-screen containers before they reach U.S. ports 3. Inspect high-risk containers 4. Use smart and secure containers Initiatives to support these objectives include the Container Security Initiative (CSI), and the 24-hour rule etc. The CSI is the partnership of foreign ports with U.S. Customs to: a) Develop security standards for reporting, inspecting, handling, and storing containers; b) Allow U.S. Customs officials to participate in the security processes at the foreign port. On January 17, 2003. The Customs Service of Korea and the United States signed the Container Security Initiative to inspect potentially dangerous container cargoes in advance against marine terrorism. The main thrust of the agreement is to inspect goods inside containers before departure from exporting ports for smuggling arms, explosives, and other cargoes destined for terrorist purposes. The Customs Service explained that the CSI would help fast customs clearance and save logistic costs while cutting off arms to the nation and exposing other dangerous cargoes. But some problems in operating CSI in Korea causes confusion amongst Korea exporters and shipping companies who trade with USA by containers loaded in the Port of Pusan. Therefore our Customs Service authorities need to be aware of the problems that may occure from what was mentioned above.

Polymorphism of the MtDNA Cytochrome B and NADH Dehydrogenase 6 Genes in Tsushima and Juju Native Horses

한상현,김재환,송지훈,오주형,오유성,정용환,Hiroshi Kayano,오문유 한국유전학회 2004 Genes & Genomics Vol.26 No.1

추가 열처리 공정에 의한 GaN계 LED소자의 광학 및 전기적 특성에 대한 연구

한상현,이재환,송기룡,이성남 한국진공학회 2014 한국진공학회 학술발표회초록집 Vol.2014 No.2

履行不能의 成立에 의한 貿易契約의 消滅에 관한 硏究

韓祥鉉 건국대학교 1994 대학원 학술논문집 Vol.39 No.-

Nowadays, The parties to Contract for International Trade are apt to be faced with lots of commercial risks, such as physical destruction of the contracting object-matters, government intervention, outbreak of war, denial or revacation of export and import licenses and quotas, fundamental change in circumstance, because they engage in business under different legal systems, commercial customs, language, culture, political reasons. So, most legal systems make provision for the discharge of a contract where, subsequent to the formation of contract, fundamental change in circumstance makes the performance of contract legally or physically impossible or substatelly more burdensome than anticipated. In Common Law, such a situation is provided for by the doctrine of Frustration. In the past, English Common Law requied absolute performance of duties on a contract. But this strict rule requied absolute performance was first relaxed in 1863 in the case of Taylor V.Caldwell. Since then, English Courts and American Courts developed a concept where be an excuse might be allowed when the purpose of contract was frustrated by events occuring subsequent to the formation of contract. However, various expressions in Contract for International Trade are used for the same meaning such as Frustration and Impossibility of performance. And at present, there is no uniform law regulating the Frustration. Therefore, these problem should be solved by the application of well estsblished rules in Common Law and Continental Law, governing the interpretation and performance of contracts. In order to solve these problems, It is requied that the contracting parties in Contract for International Trade should study on the frustration principles. Therefore, In purpose of this study is to clarify the the concept of frustration doctrine and condition as well as to compare and analyze the discharge of a contract and the excuse for nonperformance of contract practices in International Trade by way of comparative law and case study.