貨換信用狀去來에 있어서의 詐欺行爲

姜元辰 부산대학교 상과대학 1992 釜山商大論集 Vol.63 No.-

화환신용장거래에서의 은행의 새로운 서류심사기준

강원진 한국무역상무학회 1997 貿易商務硏究 Vol.10 No.-

국내 벤처기업의 성장단계별 외부자원 활용이 기술혁신 성과에 미치는 영향

강원진,이병헌,오왕근,Kang, Won-Jin,Lee, Byung-Heon,Oh, Wang-Geun 한국벤처창업학회 2012 벤처창업연구 Vol.7 No.1

본 연구는 2008년 벤처기업정밀실태조사 자료를 활용하여 벤처기업의 외부자원 활용, 특히 외부협력 네트워크 활용, 정부정책자금 활용과 벤처캐피탈 자금 활용이 기술혁신 성과에 어떠한 영향을 미치는가를 실증적으로 분석하였으며, 나아가 외부자원 활용이 기술혁신 성과에 미치는 효과가 성장단계에 따라 어떻게 달라지는지도 함께 분석하였다. 분석 결과 외부자원 활용과 관련된 모든 변수 즉, 외부협력 네트워크 활용, 정부정책자금 활용, 벤처캐피탈 자금 활용은 기술혁신 성과에 정(+)의 영향을 미치는 것으로 나타났다. 그러나 벤처기업의 성장단계에 따른 조절효과는 통계적으로 유의하게 나타나지 않았다. 다만 추가 분석에서 기술혁신 성과에 미치는 영향이 외부자원 활용의 유형에 따라 성장단계 별로 차이가 있다는 것을 발견하였다. This study empirically analyzed how technological innovation performance of venture business is affected by utilization of external resources, especially utilization of external cooperative network, government's policy funds and venture capital funds, using '2008 Venture Business Investigation'. This study further analyzed how the effect of utilization of external resources on technological innovation performance varies according to growth stage. Analysis results show that all variables related to utilization of external resources, i.e. external cooperative network, government's policy funds and venture capital funds, were observed as affecting positively to technological innovation performance. However, adjustment effect was not observed as statistically meaningful according to growth stage of venture business. Further analysis just observed that the effect on technological innovation performance at each growth stage varies according to type of utilization of external resources.

信用狀에 의한 貿易決濟에서 書類去來 慣行의 問題에 관한 硏究

姜元辰 釜山工業大學校 1991 論文集 Vol.33 No.-

The purpose of this study is to suggest the problems and directions on the practices of documents transactions under documentary letter of credit prescribed on the Uniform Customs and Practice for Documentary Credits, (U.C.P.) 1983. In documentary credit transactions, the endowment of the exemptions for documents to commercial banks makes it possible for banks to promote international trade through their active services. Therefore, banks are not responsible for the legal effect or the genuiness of documents presented if the documents on their face appear to be genuine and to correspond to the description contained in the letter of credit. However, considering the judicial cases of courts and the opinions and decisions under the Commission on Banking Technique and Practice of International Chamber of Commerce, issuing banks will be faced with difficulties in case of beneficiary's fraud in documentary credit transactions because the fraud has been considered to be an exception to the doctrine of the independence of irrevocable credit, Even though, Uniform Commercial Code has a specific provision covering fraud, it is not dealt with in the U.C.P. This study suggests the problems for documents transactions and solutions to these problems of credits are as follows. First, the documentary credit system should be developed by strictly applying the doctrine of strict compliance and the principle of independence and abstraction through attentive documents examination along with utilizing the inspection certificate issued by buyer or authorized inspection authorities. Secondly, it is also required that traders as well as banks have to make and exam documents carefully in good faith and recionsider legal relations between parties under the U.C.P. Thirdly, the specific criteria to the definition of fraud and the burden of proof should be prescribed also on the U.C.P. to apply in very limited circumstances. Fourthly, when the risk and loss in good faith are accurred by the unexpected accidents, the expansive applications of the insurance system are needed to protect a third party in good faith, utilizing the property damage liability insurance suyplementing export insurance.

貨換信用狀去來에서의 銀行의 새로운 書類審査 基準

강원진 釜山大學校 商科大學 1997 釜山商大論集 Vol.68 No.-

The decision as to whether the documents do or not comply with the terms and conditions of the credit is traditionally founded on two principles such as strict compliance and substantial compliance. However these principles have failed to provide functional standard. In accordance with the Uniform Customs and Practice for Documentary Credits (UCP 500), the compliance of the stipulated documents and conditions of the credit, shall be determined by international standard banking practice as reflected in UCP Articles. This international banking standard does not limit a bank's duty to exercise reasonable care when checking documents. It is intended to determine the scope within which reasonable care is to be applied. This standard for documentary credits contains the rule that embody honest and predictable practices. However there is no specific guideline with regard to the international standard banking practice. Accordingly, I suggest the solutions to these problems as follows : The specific meaning and guideline to the international standard banking practice should be prescribed in the UCP. the new international standardization for the credit form and the trade documents should be made an attempt again. If the documents were discrepant, it is more desirable for the issuing bank to consult with the applicant for a waiver of the discrepancy.

전자신용거래장에서 새로운 eUCP 관행의 적용

강원진 釜山大學校 商科大學 2002 釜山商大論集 Vol.73 No.-

Banks often allow customers to apply for credits using electronic messages, and issue a credit by cable and electronic credit through the system of society for Worldwide Interbank Financial Telecommunication(SWIFT). In recognition of the growing use of electronic technology and the trend towards electronic trade, letters of credit may how be issued in electronic form. In response, the Banking Commission of International Chamber of Commerce(ICC) established a working group consisting of experts in the UCP, electronic trade, legal issues and related industries, such as transport, to prepare the appropriate rules as a supplement to the UCP. The result is he new Supplement to Uniform Customs and Practice for Documentary Credits Publication No. 500 for Electronic Presentation : eUCP. This new electronic supplement was approved by the ICC in end December 2001 and came into force on April 1, 2002. The eUCP is not revision of the UCP. The eUCP also address other key issues of electronic presentation and examination, among them : The format in which electronic records are to be presentation; The consequences if a bank is open but its system is unable to receive an electronic record; How notice of refusal of an electronic record is to be handled; How original documents are to be defined in the electronic world; and What happens when an electronic record is corrupted by a virus or other defect. Some problems of new eUCP Version 1.0 exist such as format, presentation of electronic records, examination and beneficiary's notice for completeness. Also another barrier to the use of electronic credits is the potential for fraud in the creation, transmission, or receipt of electronic records.

국제물품매매계약(國際物品賣買契約)에서 승낙(承諾)의 효력(效力)

강원진,Gang, Won-Jin 한국무역상무학회 1994 貿易商務硏究 Vol.7 No.-

미국 통일상법전의 신용장규정과 신용장통일규칙 적용상의 주요 쟁점

강원진 한국무역상무학회 1999 貿易商務硏究 Vol.12 No.-

국가연구개발 사업의 새로운 성공모델 탐색

강원진,이병헌 한국벤처창업학회 2006 한국벤처창업학회 학술대회 Vol.2006 No.11

무역결제 교육 : 어떻게 할 것인가?

강원진 한국무역학회 2001 한국무역학회 학술대회 Vol.2001 No.6