國際貿易去來에서 EDI메시지 活用上의 問題點에 관한 硏究 : 傳統的 貿易書類와 比較를 中心으로 = (A)study on the problems with the use of EDI message in international trade

다국어 초록 (Multilingual Abstract)

With the extension of international trade scale, Electronic Data Interchange (EDI) system, a modern medium of telecommunication, was devised to serve the following objects - to simplify trade procedures and reduce the expenses. EDI means a method of electronic information transmission that the parties to contract can supersede traditional trade documents with standardized EDI message which can be used trade transactions directly without the re-input process of data between computers through the data network.
In advanced countries including the United States, Japan and the European Union, trade automation has been forwarded positively and almost reached a successful completion in recent times. I believe that the EDI system will cause considerable changes in international trade patterns based on traditional trade documents when it is documents when it is widely used in the near future.
The purpose of this study is to examine both the expecting legal problems of EDI message, itself, and the process of commercial sales including sales contracts, carriage of goods by sea, marine insurance and letters of credit through international conventions, domestic laws of main countries and uniform customs in international trade.
And I intended to do research on the expecting legal and commercial problems of EDI message compared with traditional trade documents and possible solutions to them.
First, now most traders have the only superficial knowledge and understanding of it, although the EDI Message has been partially used in trade business. Under the existing circumstances, one of most important tasks is how to simplify and standardize EDI message. In order to successfully solve this problem, it is necessary to recognize the contents and importance for EDI message as well as the development of a standardization form for it.
Second, there are some legal problems whether it has same legal function, like traditional trade documents, though EDI message is the transaction of paperiness. Some advanced countries and international rules provide EDI message and electronic signatures with legal validity, however, it is necessary to make the rules to govern completely EDI message because there are no uniform international conventions for EDI message give completely legal validity to it.
Third, a sales contract is concluded on the principle of mutual agreement. It is apparent that the concept of arrival is applied to the date and place in the conclusion of a sales contract through the EDI Message because, in this case, the transmission of data is carried out by an electronic device called VAN. To put it concretely, it may be said that the definite date and place is when the messages of offer and acceptance are stored in the mailbox of VAN in an irrevoable state. Furthermore, the mailbox functions as a divisions concerning who, between both parties to a sales contract, is to bear the expenses and risks. There may be, however, frequent occasions when it is difficult to have a correct understanding of legal problems of the EDI Message. As that is the case, it is to be desired that both partied should make out an EDI Interchange Agreement to cope with such a difficulty.
Fourth, there exist problems according to the performance of a contract in international trade. As matters now stand, Sea Waybill(SWB) is on trial as a new substitute for it on account of the crisis of Bills of Lading. Yet SWB, not being a title of documents, has also exposed a new problem in practical use although is has greatly contributed to the swiftness of transportation documents. Hence Comite Maritime International(CMI) established 「CMI Riles for Electronic Bills of Lading」which has character of title of documents in 1990. electronic B/L, which has title of documents, was suggested within the CML rules and has made up the crisis of traditional paper B/L.
According to the electronic B/L under CMI ruled, the transfer of the right to control or disposal over goods and delivery on them are made, in virtue of the EDI Message transmitted, by using Private Key among a carrier, a shipper, a consignee and a bank. The electronic B/L has the advantage of delivering information swiftly, and so it is possible that the transfer is made without any delay before a ship arrives at the port of destination. As CMI rules is, however, an optional rule, it can be only applied by the agreement of partied and it is doubt the efficiency because, at present, shipping companies are the registry of data. Therefore, it is desirable that banks become the registry of data.
In an area of insurance documents, there are Cargo Insurance Application, Cargo Insurance Policy Advice etc. which can be used by EDI message. These documents are proper to be treated as documents, like transport documents, because they are an security under Letter of Credit(L/C) base.
Banks use, at present, the SWIFT to issue the L/C and inform a beneficiary of it by mail or EDI message under L/C base using documentary drafts. In order to make use of the electronic L/C efficiently, it is essential to introduce EDI system and to have interchange ability between SWIFT and Financial EDI. Nowadays, only some banks adopt EDI to their business and it is necessary to have a network on EDI system attending the issuing bank, advising bank and beneficiary to spread the electronic transaction under L/C base.
Fifth, in conclusion of a sales contract through the EDI message, unexpected obstacles may arise due to the problems of the system itself or transmission. Therefore, the acknowledgement of receipt between contracting parties is necessary against unexpected troubles.
Sixth, the systematical devices for the use of EDI message are as follows:
① On the part of enterprises, it is necessary to have acknowledgement for the peculiarity and interest of relating industry and to have a new recognition that can adjust them and to take a decisive introduction of EDI. As it has been already using EDI message in advanced countries and they have achieved the revolution of management, it is impossible to keep international comparative power if we are adhere to use the traditional trade documents. Therefore, it is recommended to analyze closely the practice and technical matters of trade transaction by EDI message.
② On the part of government, it should be supported all cost for employee's software and administrative supports to spread EDI message, namely, there might be some methods such as low-interest fund by long-term credit for the development fund of user's software and a special loan for the purchase of software. And it is requested to establish the role of a propulsion unit of EDI business and the duty regulation of business conduct by EDI message, because private traders are negative to transfer their business to EDI system.
③ For the application of EDI message in international trade, it is essential to establish the intended business, the method of business conduct and EDO system which can give a maximum satisfaction to the user. And it is necessary to support the training of experts and public relations through the cooperation between organizations.
Finally, is should be continuously and technically dome research on, not temporary, the study of EDI message from the views of legal and commerce.

목차 (Table of Contents)

• 목차
• Ⅰ. 序論 = 1
• 1. 硏究의 目的 = 1
• 2. 硏究의 範圍 및 方法 = 4
• Ⅱ. 傳統的 貿易書類의 限界性과 EDI메시지의 活用 = 8
• 1. 傳統的 貿易書類의 限界性과 EDI化 = 8
• 가. 國際貿易慣習의 變化에 따른 傳統的 貿易書類의 限界性 = 8
• 나. 貿易節次의 簡素化 = 12
• 다. 貿易書類의 EDI化 = 14
• 2. 國際貿易去來에서 EDI메시지의 活用 = 20
• 가. EDI메시지 導入의 必要性 및 效用性 = 20
• 나. EDI메시지의 標準化와 UN / EDIFACT = 22
• 다. EDI메시지에 대한 國際貿易規則의 準據 = 25
• Ⅲ. EDI메시지의 法的 根據와 EDI메시지 自體의 諸問題 = 32
• 1. EDI메시지의 證憑資料로서 認定 = 32
• 가. 證憑資料로서 認定問題 = 32
• 나. 信賴性 保障을 위한 情報의 保護 = 35
• 다. EDI메시지의 認定에 대한 英美法上의 諸原則 = 37
• 2. 電子式署名에 대한 眞正性 = 43
• 가. 國際貿易去來에서 電子式署名의 認定 = 43
• 나. 電子式署名에 대한 國際規則의 立場 = 46
• 다. 電子式署名의 方法과 合意에 의한 認定 = 48
• 3. EDI메시지 活用上 關係當事者의 責任 = 51
• 가. 責任問題의 發生 및 責任內容 = 51
• 나. 關係當事者의 責任 = 55
• 다. 責任紛爭에 대한 解決 = 58
• Ⅳ. EDI메시지에 의한 國際物品賣買契約의 成立과 諸問題 = 60
• 1. 賣買契約과 EDI約定書 = 60
• 가. 契約先決條件으로서의 EDI約定書 = 60
• 나. EDI約定書의 內容 = 62
• 다. 賣買契約에 관련된 主要國의 EDI約定書 = 66
• 2. EDI메시지에 의한 賣買契約의 成立 = 70
• 가. 賣買契約의 成立方法 = 70
• 나. 賣買契約의 成立時期 = 73
• 다. 賣買契約의 成立場所 = 74
• 라. 다른 電氣通信手段과의 差異 = 76
• 3. 書式의 交戰과 EDI메시지 = 78
• 가. 書式交戰의 意義와 問題의 提起 = 78
• 나. 書式交戰과 國際立法 = 79
• 다. EDI메시지에 의한 書式交戰의 解決 = 82
• 4. EDI메시지의 活用에 따른 危險 및 費用負擔 = 84
• 가. 危險負擔의 分岐 = 84
• 나. 費用負擔의 分岐 = 89
• Ⅴ. EDI메시지에 의한 國際物品賣買契約의 履行과 諸問題 = 93
• 1. 海上運送과 EDI 메시지 = 93
• 가. 國際貿易去來에서 船荷證券의 限界와 그 對應慣行 = 93
• 나. 船荷證券의 海上貨物運送狀으로의 代替 = 100
• 다. 電子式海上貨物運送狀의 活用 = 109
• 라. 電子式船荷證券과 CMI規則 = 112
• 2. 海上保險과 EDI메시지 = 120
• 가. EDI메시지에 의한 積荷保險契約의 締結 = 120
• 나. EDI메시지에 의한 積荷保險業務節次 = 121
• 3. 貨換信用狀去來와 EDI메시지 = 122
• 가. 信用狀去來에서 EDI메시지의 受容 = 122
• 나. SWIFT通信綱에 의한 電子式信用狀 = 123
• 다. UCP(500)에서 電子式運送書類의 受理 = 129
• Ⅵ. 結論 - EDI메시지의 活性化를 위한 方案 - = 133
• 參考文獻 = 143
• SUMMARY = 153