발행은행과 확인은행의 의무부담에 따른 문제점과 대책에 관한 연구

• 영문명: Liability of Issuing Bank and Confirming Bank in Letter of Credit
• 발행기관: 한국무역연구원
• 저자명: 박원형(Won-Hyung Park) 김동윤(Dong-Yoon Kim)
• 간행물 정보: 『무역연구』제7권 제4호, 299~321쪽, 전체 23쪽
• 주제분류: 경제경영 > 무역학
• 파일형태: PDF
• 발행일자: 2011.12.31

영문 초록

The letter of credit is an device for facilitating complex international and domestic business transactions. The issuing bank and applicant are parties to the contract for opening letter of credits where the issuing bank the credit at the request of the applicant. In some cases, the beneficiary of the letter of credit dose not believe the undertaking of the issuing bank. An advanced system for filling this gap is the confirmed letter of credit. Confirmation means a definite undertaking of the confirming bank, in addition to that of the issuing bank, to honour or negotiate a complying presentation and the bank that adds its confirmation to a credit upon the issuing bank’s authorization or request. The confirming bank, which has paid the seller in accordance with the terms of credit, is entitled to reimbursement from the issuing bank and/or the application for the credit. There are many similarities between issuing bank and confirming bank, namely the confirming bank with the issuing bank has the nature which is equal legally. But the issuing bank and the confirming bank has many different point about the duty and right. in addition, regulations fail to explain international trade and current customs of the issuing bank and confirming bank of legal obligation. Therefore, rules can sometimes brings many kinds of problems and actions. The article tries to enhance the parties’ understanding about the banks which have obligation responsibility and also gives consideration to the clear concept of Issuing Bank and Confirming Bank to present the dispute. Its article to study the responsibilities between the issuing bank and confirming bank arising with the documentary credit not only on the basis of theoretical, legitimate but also commercial. The purpose of this article, as setting up measures, is to minimize the dispute between relative parties who use confirmed letter of credit.

목차

Abstract

Ⅰ. 서론

Ⅱ. 발행은행과 확인은행의 지위 및 특성

Ⅲ. 발행은행과 확인은행의 의무 부담 따른 문제점

Ⅳ. 발행은행과 확인은행의 의무부담의 한계 및 대책

Ⅴ. 결론

참고문헌

키워드

Letter of Credit Issuing Bank Confirming Bank Independence Principle Fraud Rule