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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

        선하증권의 국제표준은행관행에 관한 연구

        박석재 ( Park Seog Jae ),강희숙 ( Kang Hui Sug ) 한국해법학회 2004 韓國海法學會誌 Vol.26 No.1

        UCP 500 has introduced new words International Standard Banking Practice as the basis of the examination of documents under documentary credits. However, the words have caused confusion among parties concerned with letter of credits. The ISBP is a practical complement to UCP 500. It explains how the rules are to be applied on a day-to-day basis. As such, it fills a needed gap between the general principles announced in the rules and the daily work of the documentary credit practitioner. All parties concerned with documentary credits need to armour themselves with knowledge for ISBP. Also, it should be noted that any term in a documentary credit which modifies or affects the applicability of a provision of the UCP may also have an impact on international standard banking practice. Therefore, in considering the practices described in this publication, parties must take into account any term in a documentary credit that expressly excludes or modifies a provision in an article of the UCP.

      • KCI등재

        볼레로 시스템의 유용성 및 법적 쟁점에 관한 연구

        박석재 ( Seok Jae Park ),신건훈 ( Gun Hoon Shin ) 한국해법학회 2002 韓國海法學會誌 Vol.24 No.2

        Many models have been proposed to introduce electronic bill of lading into International commercial community, but two of them, CMI Model and BOLERO, are notable. The CMI Model has advantages over BOLERO in respect of openness, but has disadvantages in respect of security. BOLERO system represents a technical and legal infrastructure to facilitate paperless trade in goods via the internet. There are certain legal issues in relation to the operation of BOLERO System. The object of this article examines the basic legal issues in relation to the operation of BOLERO system. The main legal issues are as follows : Legal requirements for writing in relation to contracts formed through BOLERO system and the transfer of the right to goods in transit.

      • KCI등재

        볼레로 시스템에 관한 고찰

        박석재(Seok Jae Park),신건훈(Gun Hoon Shin) 한국해법학회 2001 韓國海法學會誌 Vol.23 No.2

        The development of electronic negotiable bill of lading is more difficult in principle than electronic waybills, whereas dematerialisation of transport documents which contain only information, such as non-negotiable waybills, is relatively straightforward. The bill of lading differs fundamentally from the waybill in conveying, in addition to information, proof of the right of the holder to take delivery of the goods and contractual rights and liabilities. Many models have been proposed to introduce electronic bill of lading into International commercial community, but two of them, CMI Model and BOLERO, are notable. The CMI Model has advantages over BOLERO in terms of openness, but has disadvantages in terms of security. The present state of Internet development favours BOLERO rather than CMI, but the long-term future will probably see a mixture of both systems. In this article, the general conclusion is that dematerialisation, even of documents of title, is possible and that though it would be helped by changes in the legal environment.

      • 『천문류초』의 오성개합 기록 등 오성결집 현상 분석

        박석재(Park, Seok Jae),황보승(Hwangbo, Sung) 세계환단학회 2017 세계환단학회지 Vol.4 No.2

        우리는 이 논문에서 『천문류초天文類抄』의 오성개합五星皆合 기록이 옛날 밤하늘에서 실제로 일어난 현상이었음을 증명한다. 오성개합은 유명한 『환단고기桓檀古記』「단군세기檀君世紀」의 오성취루五星聚婁 기록보다 736년이나 앞서 일어난 오성결집 현상으로 그 시기가 삼황오제 시대에 해당된다. 또한 BC 205년 ~ AD 1100년 사이에 일어난 오성결집 현상들을 천문 소프트웨어로 검색해 그 결과를 게재한다. 이러한 오성결집 현상들은 우리 역사 연구에 많은 단초를 제공할 수 있을 것으로 기대된다. We analyzed the concentrations of the five major planets in this paper. By using an astronomical software, we confirmed that the Oseonggaehap 五星皆合 record in the『Cheonmoonryucho 天文類抄 』 actually happened in the ancient night sky. This happened during the Samhwangoje 三皇五帝 era, which preceded the famous Oseongchuiru 五星聚婁 record in the 『Hwandangogi 桓檀古記 』 「Dangunsegi 檀君世紀 」 by 736 years. By using the same software, we also list more of the alignments that happened between BC 205 and AD 1100. The records about these alignments are expected to hold the keys to the research of Korean history.

      • KCI등재
      • KCI등재
      • 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.

      • KCI등재

        UCP 600에서 통지은행의 의무 및책임에 관한 연구

        박석재(Park, Suk Jae) 韓國貿易商務學會 2010 貿易商務硏究 Vol.47 No.-

        This work intends to study the obligations and liabilities of advising bank in UCP 600. An advising bank has two big obligations as follows : by advising the credit or amendment, the advising bank signifies that it has satisfied itself as to the apparent authenticity of the credit or amendment and that the advice accurately reflects the terms and conditions of the credit or amendment received. An advising bank may utilize the services of another bank("second advising bank") to advise the credit and any amendment to the beneficiary. If a bank is requested to advise a credit or amendment but elects not to do so, it must so inform, without delay, the bank from which the credit, amendment or advice has been received. An advising bank has some problems in connection with the delay of advice and the advice of forged letter of credit. Key Words : UCP 600, Letter of Credit, Advice of L/C, SecondAdvising Bank

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