UCP 600 개정에 관한 小考

허재창(Jae-Chang Huh),류지량(Ji-Rang Ryu) 한국해양비즈니스학회 2007 해양비즈니스 Vol.- No.10

  The sixth version of the Uniform Customs and Practice for Documentary Credits (the UCP), first published by the International Chamber of Commerce (ICC) in 1933 and revised every ten years or so since then, was unanimously adopted by ICC Commission on Banking Technique and Practice on October 25, 2006 and came into force on July 1, 2007.<BR>  There are some changes, replacements and new provisions of UCP 600. Some of the most significant changes to the rules are: a reduction in the number of articles from 49 to 39; a new section of "definitions," containing terms such as "honour" and negotiation"; a replacement of the term "reasonable time" with a firm period of five banking days for examining and determining compliance of documents; a new provision concerning addresses of the beneficiary and the applicant; an expanded discussion of "original documents"; changed practice regarding refusal of documents; a new provision allowing for the discounting of deferred payment credits.<BR>  Importers, exporters, carriers, other third parties and, above all, banks should pay attention to some changes and implications of UCP 600.<BR>  The purpose of this paper is to examine some of the changes made and effect of UCP 600 compared with UCP 500 and to draw on specific examples of UCP 600 to illustrate the types of changes.

INCOTERMS 2010의 주요 개정내용에 관한 연구

허재창(Huh, Jae Chang) 한국무역상무학회 2010 貿易商務硏究 Vol.45 No.-

The Incoterms, short for "International Commercial Terms," have been widely used as International Rules for the Interpretation of Trade Terms since 1936. The Incoterms have been revised six times in order to adapt them to contemporary commercial practice. The current version is Incoterms 2000. The revised version of Incoterms 2000 will be published in the fourth quarter of 2010 and will be effective from January 1st 2010. The first and second draft of Incoterms 2010 have been carried out by a small global Drafting Group, representing seven nationalities and various areas of substantive expertise. In this paper, I reviewed the main contents in the 2nd Draft of Incoterms 2010. This paper contributes to help the parties concerned to understand the new changes from Incoterms 2000 and to choose the appropriate trade term.

協會積荷約款上의 倉庫間條項에 관한 硏究

許宰暢(HUH, Jae-chang) 경상대학교 사회과학연구원(사회과학연구) 1991 사회과학연구 Vol.9 No.-

해상보험계약에 있어서 재판관할에 대한 고찰

허재창(Jae Chang Huh),한낙현(Nak Hyun Han),박명섭(Myong Sop Pak) 한국해법학회 2002 韓國海法學會誌 Vol.24 No.1

In the United States, marine insurance underwriting began in the eighteenth century, although British firms continued to dominate. The American law of marine insurance took its cue from English law since there was no American statute, and English legal precedents were cited routinely in American courts. For fifty years after the English law was codified in the Marine Insurance Act, 1906(MIA), it truly could be said that there was a unified Anglo-American law of marine insurance, and that English law was part of the general maritime law of the United States. The unity of the Anglo-American law, which was so beneficial to the functioning of the international marine insurance industry, was broken abruptly in 1955 by the decision of the United States Supreme Court in Wilburn Boat Co. v. Fireman`s Fund Insurances Co., a case which created controversies over the uniformity of the law which have yet to subside. The purpose of this work is to explore the extent of the jurisdictional divergences, to search for its causes, and to point to its cure, that have arisen in the law of marine insurance between the United Kingdom and the United States.

중국의 제조물책임 관련법규와 사례연구

허재창(Huh Jae Chang),한낙현(Han Nak Hyun) 한국무역상무학회 2005 貿易商務硏究 Vol.25 No.-

Product liability is becoming a real issue to exporters, manufacturers world wide. The purpose of this study is to examine the product liability of Korean exporters, manufacturers, etc. under Product Liability Laws and Regulations of China. For this purpose, firstly we deal with the Product Liability Laws and Regulations of China. Secondly we analyze the case study concerning the Product Liability in China. From the analysis of case study, Korean exporters, manufacturers, etc. are required to pay close attention to the following : the correspondence of English with Chinese in the warning phrases, the possibility of application of strict global standard in case of existence of product liability, the proper treatment of evidence in the process of litigation, the application of strict liability and the shift of responsibility for evidence on to a defendant, the observance of procedures prescribed by the country in design and manufacture of the product, the manufacture of product to come up to country standard in quality, the consideration of diverse expression in the preparation of warning sign, the importance of quality control and inspection system in case of local procurement of parts and raw materials, Finally, this paper contributes to help the Korean Exporters, Manufacturers, etc. to build up the proper countermeasures regarding product liability under the product liability regulations of China.

국제무역거래상 실행곤란성이론에 관한 상학적 고찰

허재창(Jae-Chang Huh),한낙현(Nak-Hyun Han) 한국무역학회 2009 貿易學會誌 Vol.34 No.5

INCOTERMS 2010상의 DAP조건에 관한 연구

허재창(Jae-chang Huh) 한국무역연구원 2010 무역연구 Vol.6 No.1

Incoterms published by the International Chamber of Commerce(ICC) are the standard trade terms commonly used in the international sales contracts. So far Incoterms have been revised six times in order to reflect international trade developments. The International Chamber of Commerce's Incoterms drafting committee issued the first and second draft of the revised version of Incoterms 2000 on February 20, 2009 and September 18, 2009 respectively. If the final draft is ready and approved by the ICC, the new Incoterms 2010 will come into effect on January 1, 2011. The purpose of this paper is to examine the new DAP term under 2010. For this purpose, firstly this study deals with a second draft of the revised version of Incoterms. Secondly, this study considers the major contents of the DAP term under Incoterms 2010. Thirdly, this study compares the DAP term with the DAF, DES and DDU term under Incoterms 2000. Finally this paper contributes to help the parties concerned to understand the new changes of the DAP term under Incoterms 2010.

ICC(2009)와 ICTC(1983)상의 면책조항의 비교에 관한 연구

허재창(Jae Chang Huh) 韓國貿易硏究所 2009 무역연구 Vol.5 No.3

The Joint Cargo Committee in London has issued the revised version of Institute Cargo Clauses(A), (B), & (C) and some ancillary Institute clauses. The new 2009 ICC are effective from January 1, 2009. Some of the main changes include: Exclusions, Duration, Benefit of Insurance. The new 2009 ICC has taken some wording from ICTC(5/9/83) and subsequent clauses relating to specialized trades in connection with the exclusions clause. This study is to examine the exclusions clauses under ICC(1982), ICC(2009) and ICTC(1983). For this purpose, firstly this study deals with the exclusions clauses under 1982 ICC and the new 2009 ICC. Secondly this study considers the related exclusions clauses under ICTC. Thirdly this study compares the exclusions under ICC(1982), ICC(2009) with the related clauses under ICTC(1983). This paper contributes to help the parties concerned to understand the exclusions clauses and considers the possibility of revision on related clauses under the ICTC(1983).

ICC Hardship Clause 2003에 관한 연구 - PICC 및 PECL상의 Hardship 규정과의 비교를 중심으로

허재창(Jae-chang Huh),류지양(Ryu Ji Rang) 한국해양비즈니스학회 2006 해양비즈니스 Vol.- No.8

  The provisions on hardship vary from country to country and may not meet the parties’ requirement in international contracts. Therefore, parties to a contract are frequently in need of contract clauses on hardship. The ICC has drawn up the provisions on hardship which aim at providing assistance for parties when they are making contracts. This clause can be applied when changed conditions have made performance excessively onerous. The purpose of this study is to examine “ICC Hardship Clause 2003” in the international sales contract. For this purpose, firstly this study deals with the major contents of the ICC Hardship provisions 1985 and ICC Hardship Clause 2003. Secondly this study considers the related provisions under PICC, PECL. Thirdly this study compares ICC Hardship Clause 2003 with the relative provisions under PICC, PECL. It should be noted that this clause need to be adapted the particular circumstances of the individual contract. This paper contributes to help the parties to a contract to draft the meaningful "Hardship Clause" containing more precise and elaborate provisions.

국제매매계약에서 불가항력과 Hardship에 관한 소고

허재창(Huh Jae chang) 한국해양비즈니스학회 2005 해양비즈니스 Vol.- No.6

  A party to a contract is bound to perform its contractual duties. But there is a situation where the non-performance of was due to an impediments beyond its control and it could not reasonably be expected to have taken the impediment into account at the time of the conclusion of a contract, or where the occurrence of events fundamentally alters the equilibrium of the contract because the cost of a party"s performance has increased or because the value of the performance a party receives has diminished. Under these circumstances, we need to consider what is the effects of force majeure and hardship on the right s duties of the parties and how to draft the current "Force Majeure Clause" and "Hardship Clause" used in international sales contracs.   The purpose of this study is to examine "Force Majeure" and "Hardship" in the international sales contract.   For this purpose, firstly I dealt with the doctrines of contract under these situations in common law systems and in civil law systems. Secondly I analyzed the relative clauses under CISG and UNIDROIT Principles. Thirdly I considered the current "Force Majeure Clause" and "Hardship Clause" used in international sales contract. Key points to draft the current "Force Majeure Clause" and "Hardship Clause" used in international sales contract are presented.   Finally, this paper contributes to help the parties to a contract to draft the meaningful "Force Majeure Clause" and "Hardship Clause" containing more precise and elaborate provisions.