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      • KCI등재

        신 청구보증 통일규칙(URDG 758)의 주요 내용에 관한 연구

        박석재(Park, Suk Jae) 한국무역상무학회 2011 貿易商務硏究 Vol.51 No.-

        URDG 758 tracks UCP 600 in format and style. This makes it easy for practitioners to understand various terms with a lot more clarity than in URDG 458, since practitioners see things in a format and style they are accustomed to. It is a fact that the provisions of the national law will prevail over the URDG 758. In many countries there is only limited written law concerning abstract guarantees; therefore any conflict between URDG 758 and the national law will be unlikely. In many instances the instructing party is different from the applicant - the party whose obligation is supported by the guarantee. And provision for amendment is a new addition in URDG 758. Inspiration was taken from UCP 600 with some fine tuning: accpet, reject or do nothing - and the implications of each of these. Chief among the innovations in the URDG 758 is the one banning non-documentary conditions. The consensus is that the new URDG 758 is a major improvement on URDG 458 in both comprehensiveness of scope and contents of rules. The URDG 758 is likely to become the international standard in the field of demand guarantees.

      • KCI등재

        국제무역규칙에서 국제복합운송 관련 문제점에 관한 연구

        박석재(Suk-Jae Park) 한국무역연구원 2020 무역연구 Vol.16 No.1

        Purpose- The purpose of this study was to provide useful guidelines for academia and business by identifying problems and providing point of importance in practice to international multimodal transport issues, the core contents of Incoterms 2020. Design/methodology/approach- This study reviewed and analyzed a substantial amount of latest domestic and international literature related to Incoterms 2020. This paper was differentiated from previous studies by focusing on the issues related to international multimodal transport, which is the core of Incoterms 2020. Findings- This paper presents the problems related to international multimodal transport in Incoterms 2020. Incoterms has emphasized the use of terms available for all modes of transport, including FCA, CPT and CIP, taking into account the increased use of multimodal transport resulting from the introduction of containers since the 1980 revision. In reality, however, traditional terms such as FOB and CIF are still used a lot. Research implications or Originality- In this regard, this paper explains the recent trend of increasing the importance of international multimodal transport and points out the misuse of container shipping terms and the inconsistency with UCP 600.

      • KCI등재

        중국의 최고인민법원의 신용장 분쟁사건 심리에 관한 약간의 문제에 관한 규정 에 관한 연구

        박석재(Suk-Jae Park),김종태(Jong-Tae Kim) 한국무역연구원 2014 무역연구 Vol.10 No.3

        This study intends to review the rules of the Supreme People s Court on Some Issues Concerning the Trial on the Disputed Cases over the Letter of Credit of China. The background for the rules is that the international reputation of letters of credit issued by domestic banks of China was severely harmed due to the inadequacy of the criteria and discretion of Chinese local courts in their trial of the L/C dispute cases arising out of lack of understanding of the international Rules of Game in the L/C area. The rules consist of 18 articles and cover seven main fields. They include the scope of application and governing law, the independence principle of L/C, the examination of documents and inconsistency, the recognition of L/C fraud, the application of fraud exception rule, the legal process for the application and cancellation of injunction, the warranty issued in connection with the application of L/C etc.

      • KCI등재

        국제표준은행관행(ISBP 745)상 보험서류 요건의 개정내용에 관한 연구

        박석재(Suk-Jae Park),강희숙(Hee-Suk Kang) 한국무역연구원 2015 무역연구 Vol.11 No.6

        This paper intends to study the revision of insurance documents under ISBP 745 relative to the following aspects: issuer, signing and original of an insurance document, dates, an insured party and endorsement. Main revised contents of insurance documents under ISBP 745 are as follows: First, an insurance document is to appear to have been issued and signed by an insurance company or underwriter or their agent or proxy. Second, an insurance document that indicates that cover is provided by more than one insurer may be signed by a single agent or proxy on behalf of all insurers or be signed by an insurer for [or on behalf of] all co-insurers. Third, when a credit requires the insurance document to be issued in more than one original, or when the insurance document indicates that it has been issued in more than one original, all originals are to be presented and are to appear to have been signed. Fourth, an insurance document that indicates coverage has been effected from ‘warehouse-to-warehouse’ or words of similar effect, and is dated after the date of shipment, does not indicate that coverage was effective from a date not later than the date of shipment. Fifth, a credit should not require an insurance document to be issued ‘to bearer’, or ‘to order’. A credit should indicate the name of an insurance party. Sixth, when a credit is silent as to the insured party, an insurance document is not to evidence that claims are payable to the order of, or in favour of, the beneficiary or any entity other than the issuing bank or applicant, unless it is endorsed by the beneficiary or that entity in blank or in favour of the issuing bank or applicant.

      • KCI등재

        제6차 개정 신용장통일규칙(UCP 600)의 주요 내용에 관한 연구

        박석재(Park Suk Jae) 한국무역상무학회 2007 貿易商務硏究 Vol.33 No.-

        The UCP is an authoritative compilation of the customs and practice of letters of credit observed by most of the participants in the transaction. It remains the most successful set of private rules for trade ever developed. First issued in 1933, the UCP has been through five revisions, the latest being the present UCP 500, which came into force in 1994. Since 1994, new developments in transport, insurance, electronic commerce and banking industry have spurred the current revision of the rules. The ICC Banking Commission approved UCP 600 on October 25, 2006 by a unanimous vote of 91 to 0. The revision, which will come into effect on July 1, 2007, incorporates a number of changes from UCP 500 as follows : UCP 600 has a leaner set of rules, with 39 articles rather than 49 articles of UCP 500; New sections on “definitions” and “interpretations” have been added to clarify the meaning of ambiguous terms; The phrase “reasonable time” for acceptance or refusal of documents has been replaced by a firm period of five banking days; UCP 600 allows for the discounting of deferred payment credits. However, UCP 600 has two main problems such as the inconsistency with insurance industry and the banking community-oriented rules. We have some months before the commencement of UCP 600. From today to the commencement of UCP 600, we should study the full contents of UCP 600 and the influences on the trade industry.

      • KCI등재후보

        지구 온난화 문제 해결을 위한 무역 분야의 대책에 관한 연구

        박석재(Suk-Jae Park),우정욱(Jung-Wouk Woo),김은주(Eun-Joo Kim) 한국무역연구원 2011 무역연구 Vol.7 No.2

        As greenhouse gas emissions have been increasing in the world, the world's climate has been rapidly changed. CO2 is the most important artificial greenhouse gas and the annual emissions amount of the gas has been highly increasing. Nowadays, the world is concerned over the change of climate. For the change of climate will affect all the animals and humans in the world. By the way, the trade and environment debate is not new one. The link between trade and environmental protection was recognized as early as 1970. The Rio Earth Summit of 1992 caused much concern on the importance of international protection of our environment and sustainable development. This study reviews the international trends and the movements in the developed countries such as US, EU, and Japan in the environmental protection. Finally, this study proposes the solutions for the environmental protection in the field of international trade. The solutions include the active use of tariff system, active use of offering incentives policy, and the introduction of emission trading system and carbon footprint system.

      • KCI등재

        UCP 600의 실무상의 문제점에 관한 한ㆍ미간 비교연구

        박석재(Suk-Jae Park) 한국무역연구원 2012 무역연구 Vol.8 No.2

        This study intends to study the problems in the practice of Uniform Customs and Practice for Documentary Credits(UCP 600) between Korea and U.S.A. Generally speaking, both countries comply with UCP 600 well. Nevertheless, there are some differences in the practice between both countries owing to the difference in law. First, there is a difference of application in the standby letters of credit between both countries. Korean banks mostly comply with UCP 600 in the credit, but U.S. banks mostly comply with ISP 98 in the credit. Secondly, there is a difference in interpreting the examination time for documents presented. Korean banks have a maximum of five banking days following the day of presentation to determine if a presentation is complying, but U.S. banks have a maximum of seven banking days in the case. Thirdly, there is a difference in interpreting whether the negotiating bank can have recourse against the beneficiary. Korean banks always have recourse against the beneficiary, but U.S. banks may or may not have recourse against the beneficiary. Korean banks should pay closer attention to three issues in the letters of credit operation under UCP 600. First, the issue is the definition of negotiation. Negotiation by non-nominated bank, cable negotiation and negotiation under reserve are not covered under UCP 600. Secondly, there happens merger when accepting and deferred payment banks negotiate their accepted bills. Thirdly, it should be noted that the interpretation of ‘from’ in relation the maturity date is different from that used in relation to periods for shipment.

      • KCI등재

        UCP 600에서의 은행의 서류심사 및 불일치 서류에 대한 은행의 대응에 관한 연구

        박석재(Suk-Jae Park),정은영(Eun-Young Jung) 한국무역연구원 2012 무역연구 Vol.8 No.4

        This study intends to study some issues in relation to examination of documents and action on discrepant documents by banks under UCP 600. There are three kinds of issues in relation to the examination of documents by banks under UCP 600 such as standard for examination of documents and doctrine of strict compliance, time for examination of documents and non-documentary conditions. There are three kinds of issues in relation to the action on discrepant documents by banks under UCP 600 such as refusal of payment in principle, approaching the applicant for a waiver of the discrepancies by an issuing bank and preclusion rule. This paper hopes to contribute banks, sellers and buyers to understand some issues in relation to examination of documents and action on discrepant documents by banks under UCP 600.

      • KCI등재

        신용장 거래에서 물품검사 조항의 악용유형과 대응방안 연구

        박석재(Suk-Jae Park) 한국무역연구원 2016 무역연구 Vol.12 No.4

        This paper intends to study the various kinds and countermeasures of soft clauses in relation to goods inspection in letter of credit transactions. There are four main kinds of soft clauses in relation to goods inspection in letter of credit transactions and these include the consistency between the signature of inspection certificates and the signature filed by an issuing bank, an issuing bank’s confirmation requirement on the signature of inspection certificates issued by an inspection company, the inspection certificates issued by buyers, and the determination on the payment depending on an issuing bank’s inspection result. There are five main kinds of countermeasures of soft clauses in relation to goods inspection in letter of credit transactions. They include the prudent writing of an international sales contract, the elimination and the amendment of soft clauses in relation to goods inspection in a letter of credit, the thorough credit check, and the acquisition of qualified inspection certificates.

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