우리나라 인수금융제도의 육성방안에 관한 연구

류해민 한국국제상학회 1991 國際商學 Vol.5 No.-

Incoterms 2000의 특징과 해상매매조건

류해민 부산 외국어 대학교 2002 外大論叢 Vol.24 No.-

This thesis researches on the main features of Incoterms 2000 and taditional trade terms. The purpose of Incoterms is to avoid or reduce a considerable degree the uncertainty of different interpretation of the trade terms by providing a set of international rules for the interpretation of the most commonly used trade terms in foreign trade. Therefore, Incoterms must reflect the most current commercial practice customs. The characteristics of Incoterms 2000 are as follows. The delivery point, especially FCA terms, was more simplified and clarified and the scope of application of Incoterms was expanded. In addition, the delivery point concerning maritime and non-maritime variants was divided and the terminology is unified. In this aspect new Incoterms seems to be properly revised. However, as 'ship's rail' is meanless in modern ages there is still problems.

신용장거래에 있어서 환어음의 거래관행

류해민 부산 외국어 대학교 2000 外大論叢 Vol.21 No.1

The main topics covered by the thesis are; (i) the usage of bill of exchange in the trade and under letter of credit and also the relative clause of UCP 500 (ii) legal concept and the function of bill of exchange in the trade Especially definition of letter of credit and liability of opening bank and confirming bank under payment undertaking of sight payment, deferred payment, acceptance and negotiation are considered in detail. There are some confusing clauses in UCP 500 relative authorized payment under sight payment and deferred payment letter of credit, expression of negotiation, payer of negotiation letter of credit, bill of exchange as an additional document, definition of value, document acceptance of nominated bank and specific presentation period of bill of exchange to opening bank when the drawee bank unaccepted. Next revision of UCP should consider these aspects.

화환어음의 추심거래 관행과 법리

류해민 부산외국어대학교 국제통상연구소 2000 國際經營論集 Vol.15 No.-

The main topics covered by this thesis are; (i) the practice of international trade and payment, and the collection of documentary bills of exchange which are the source in letter of credit, D/P(documents against payment), and D/A(documents against acceptance): the functions of documentary bills of exchange, especially in respect of collection. (ii) a brief and general examination on the legal definition on the basis of International Chamber of Commerce(ICC), Uniform Rules for Collection(URC), and the flow of collection, the object and historical development, and the adoption of URC as a governing law (iii) detailed consideration of legal aspects of bills of exchange and documentary bill of exchange; legal relations between concerned parties of clean collection and documentary collection. (iv) some aspects of the exporter's bank as agent for collection(remitting bank discounting bank and also negotiating bank of documentary bills of exchange: and legal problems and positions of discounting bank, or negotiating bank which gives finance to the exporter. Payment terms of sales contract shall be provided by mutual agreement of the buyer and the seller in the contract sheet. According to Sale of Goods, 1979, the seller must supply the buyer with the goods with conformity with the contract and the buyer take delivery of the goods and pay the price. The delivery and payment requires to be made at the same time on general principles. There are various kinds of payment methods such as cash in advance, cash on delivery, simple remittance, open account, letter of credit, and collection. Each payment method has its respective characteristics. When the credit standing of the buyer is unknown or uncertain, cash in advance is desirable. When little or no risk to the seller is involved, export sale is like to be made on the open account basis. Between these two extremes, payment is likely to be handled on the basis of either letter of credit or collection to be using by documentary drafts. The collection basis is being rapidly increased through influence of credit business, development of export insurance, and so on. Under collection method, the seller instructs his bank to make arrangement, normally through a bank in the buyer's country, to collect payment from the buyer on a bill of exchange drawn on him by the seller. The bill of exchange may be sent to the bank accompanied by the documents relating to the goods, which the bank will hand to the buyer when he pays on the bill of exchange. Under the normal arrangement, the remitting bank will be an agent of the seller for the collection of the price and the correspondent bank in the buyer's country will be an agent of the remitting bank. There will thus be no privity of contract between the seller and the correspondence bank. The advantages and risks to the seller when the collection basis is used are as follow : The seller has the possession of enforceable debt instalment, low cost and competitive terms, and can have bank assistance in obtaining payment and financing option On the other hand, the buyer may not accept the shipment, documents may be released to the buyer before payment or acceptance of the draft, the buyer may default on the trade acceptance at maturity, sovereign action of the importing country may delay or block payment, payment may be delayed due to unavailability of foreign exchange in importing county, exchange rate fluctuations may reduce the value of the funds collected, and the transaction may not be completed or may be delayed due to the failure to comply with documentary requirements of the importing country.

信用狀 條件과 書類의 一致性 基準에 관한 硏究

柳海民 釜山外國語大學校 1999 外大論叢 Vol.19 No.5

The letter of credit transaction is on the basis of the documents only and the payment under letter of credit should be made only when the documents required under letter of credit are submitted and they are complied with the terms of credits. Therefore, the examination on the compliance of documents is very important to the relative banks and the traders. However, the Uniform Customs and Practice for Documentary Credits(UCP) had not provided for any clauses of the compliance standard until the 5th revision of Uniform Customs and Practice for Documentary Credits provides for "International Standard Banking Practice" as the standard. This study is designed to clarify under the UCP and UCC the compliance standard of documents which the letter of credits requiuires. Traditionally two principles as the standard have been applied to the compliance standard. One is doctrine of strict compliance, the other is doctrine of substantial compliance. The new UCP provided for ISBP as the standard and the new UCC provided for standard practice of financial institutions. UCP respects that the compliance standard of documents should be on the basis of documentary context and both doctrine of strict compliance and substantial compliance, but UCC supports expressly doctrine of strict compliance only. UCP stress banking experts come to decide ISBP, but UCC trust final decisions to the standard practice to the court.

讓渡可能信用狀의 去來實行에 관한 硏究

柳海民 釜山 外國語 大學校 1995 外大論叢 Vol.13 No.1

The purpose of this study is to analyze the transfer letter of credit on the basis of theoretical, legal and international commercial aspect, and to examine general principles of the transferable letter of credit and the rights and responsibilites of the concerned parties. The transfer of the credit is available when beneficiary, in a position of a middleman, purchases goods from domestic supplier and the credit can not be transfered in principle and therefore the transfer of the credit is a specific way of transaction. The right given to the beneficiary is the one to make an order of the transfer, not the one of the transfer itself and the beneficiary can exercise the right to make an order of the transfer. The authorized banks to transfer the credit can be opening bank, paying bank, confirming bank, nominated bank. The transferring bank is authorized to transfer the credit on the basis of the word "transferable" on the credit and also when the first beneficiary requests them to transfer a credit. In spite of the request of the 1st beneficiary, The bank will transfer, a credit only when they are in a position to rely on the issuing bank and 1st beneficiary pays the relative transferring charges. Therefore it is very important for the seller to select the buyer, but to select a issuing bank is more important. There is a possibility that such a "transfer-back" of a transferable letter of credit will be considered as retransfer in accordance with applicable law in every country. We have to understand the transfer of credit by its special character,not by the law and the U.C.P. will play a great role in transferring a credit and therefore the concerned parties should know it. International customs of the transfer of a credit and its legal aspect must be studied futhermore. When a bank transfer a credit, they should reconize how to transfer in advance, ignoring contents of relative sales contract and contractural relations between the buyer and the seller. The bank also must know their responsibilities and duties under a credit.

國濟商去來에 있어서 銀行引受어음(Banker`s Acceptance)의 去來慣行에 관한 硏究

柳海民 釜山外國語大學校貿易經營硏究所 2000 貿易經營論集 Vol.4 No.-

The purpose of this thesis is to examine and analyze the trade custom and the legal character of the banker's acceptance(B/ A) greatly being used in short-term finance for international trade. There are various kinds of payment method such as simple remittance, open account, letter of credit, and collection. However, documentary draft under letter of ctedit and collection is broadly using to settle trade payment. The documentary draft is a bill of exchange with shipping docyments. The B/ A represents a hisorical evolution of the mediaeval bill of exchange and is termed accepted when a commercial bank guarantees payment. Its essence is credit substitution, i.e., the bank's credit and reputation result in the B/ A being in fact acceptable. A B/ A is a money market instrument used to finance the export, import, movement, storage of goods, and so on. There are thus traditional acceptance, pre-export acceptance, post-import acceptance, domestic acceptance, warehouse receipts acceptance, dollar exchange acceptance, Eurocurrency acceptance. and so on. The following points on B/ A under the Uniform Commercial Code are considered; i ) definition of B/ A ii ) requirements for a negotiable instrument iii) methods of transfer iv) concerned parties v ) the positions and liabilities of a holder and a holder in due course vi) provisions on presentment, notice of dishonor, discharge and so on.

신용장계약의 불이행에 관한 고찰

류해민 부산 외국어 대학교 2002 外大論叢 Vol.25-2 No.-

Due to the increase of use of letters of credit in trade, non-performance of concerned parties of letters of credit and relatives disputes have been increasing gradually. To settle and defense these disputes reasonably, it is necessary to clarify the types, the effects and the legal nature of non-performance of Concerned parties of letters of credit. For this purpose, this paper examined the meaning and characteristics of non-performance of concerned parties under letters of credit transaction, compared the types of non-performance of letters of credit with those of general contract law, analyzed principal types of non-performance of letters of credit transaction, and tried to present some problems to disputes and countermeasures on non-performance of letters of credit transaction from the results of this analysis.

신용장통일규칙하의 환어음 관련조항의 문제점과 개선방안

류해민 釜山外國語大學校貿易經營硏究所 1996 貿易經營論集 Vol.11 No.-

國際商事仲裁制度의 法理와 展望에 관한 硏究- 共産圈國家와의 經濟交流에 따른 商事紛爭의 解決對策을 中心으로 -

柳海民,金相浩,羅奇鉉 한국중재학회 1991 중재연구 Vol.1 No.1