신용장의 국제표준은행관행에 관한 한 · 중간 비교연구

• 영문명: A Comparative Study on the International Standard Banking Practice of Letter of Credit between Korea and China
• 발행기관: 한국무역연구원
• 저자명: 박석재(Suk-Jae Park)
• 간행물 정보: 『무역연구』제15권 제2호, 161~173쪽, 전체 13쪽
• 주제분류: 경제경영 > 무역학
• 파일형태: PDF
• 발행일자: 2019.04.30

영문 초록

This paper intends to study the international standard banking practice of letter of credit between Korea and China. Generally speaking, there are no major differences in both countries. But there are minor differences in both countries due to the difference of law and practices, legal system and banking practices of Korea and China. First, there are some differences in the international standard banking practice of letter of credit in China due to the difference of practices under Bills of Exchange Act and the Provisions of the Supreme Peoples’s Court on Some Issues Concerning the Trial Cases of Disputes over Letter of Credit. The Act insists on the consistency between the amount written in words and a figure amount. The Provisions include the recognition of revocable credits, the difference of standard in examining documents. Second, there are some differences in the legal systems and compliance with international standard in both countries. Judges in China tend to abuse the injunctions owing to the lack of understanding in relation to letters of credit. On the other hand, Korean judges rarely allow an injunction in cases of asserted fraud. Third, there are some differences in the standard banking practices of letter of credit in both countries. Korean nominated banks act positively, but Chinese nominated banks act passively. There are more soft clauses in the letters of credit of China than in Korea.

목차

Ⅰ. 서론

Ⅱ. 법규상의 차이

Ⅲ. 제도상의 차이

Ⅳ. 관행상의 차이

Ⅴ. 결론

키워드

International Standard Banking Practice ISBP L/C Letter of Credit