신용장거래에서 개설은행의 지급거절에 대한 연구

• 영문명: A Study on Payment Refusal of the Issuing Bank under L/C
• 발행기관: 한국무역연구원
• 저자명: 박세운(Sae Woon Park)
• 간행물 정보: 『무역연구』제10권 제5호, 937~955쪽, 전체 18쪽
• 주제분류: 경제경영 > 무역학
• 파일형태: PDF
• 발행일자: 2014.10.31

영문 초록

An issuing bank has to advise the nominated bank within five banking days whether or not a presentation is compliant. If the issuing bank fails to do so, the issuing bank is then precluded from claiming that the presentation is non-compliant. Whether a bank completes examination of the presented documents within a reasonable time depends on the facts of each case. As there was no objective standard for reasonable time stipulated in UCP500, beneficiaries often used the term to sue the issuing bank for delays, especially when the beneficiary had a weak case for claiming discrepancies. There has been a major change in UCP600 concerning examination and refusal of documents: the removal of reasonable time for document examination. Many L/C practitioners think that five banking days are allowed for banks for examination and refusal. Still, the L/C community has not reached an agreement on this. Therefore, it may be advisable that bankers send refusal notice to the presenter as soon as possible within five banking days when an issuing bank decides to refuse. Given that document examination is the most important part of L/C operation, bankers are advised to be well aware of this stipulation in UCP600.

목차

Abstract

Ⅰ. 서론

Ⅱ. 서류심사와 지급거절 통지의 기한

Ⅲ. 지급거절 통지와 권한 배제

Ⅳ. 실무상 유의점

Ⅴ. 결론

참고문헌

키워드

UCP600 refusal of payment preclusion