國際貿易去來에서의 信用狀去來 詐欺事件의 對處方案

• 영문명: How to deal with Fraud Cases in L/C-based Transactions in International trade business
• 발행기관: 한국중재학회
• 저자명: 南善模
• 간행물 정보: 『중재연구』 제18권 제2호, 173~199쪽, 전체 27쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2008.06.30

영문 초록

A letter of credit transaction of the preexistence have been raising one s head fraud charge problem as a result of abusing the principles of independence and abstraction. Every society has certain rules and conventions which it regards as important and most of people in any society. The paper document means a document in a traditional paper form. The eUCP credit must specify the formats in which electronic records are to be presented. In these present times, the issuance of documentary credit are performed by the SWIFT(Society for Worldwide Inter bank Financial Telecommunication) system. The eUCP have been written to allow for presentation completely electronically or for a mixture of paper documents and electronic presentation. Presentation is deemed not to have been made if the Beneficiary s notice is not received. An electronic record that cannot be authenticated is deemed not to have been presented. The e-UCP is the supplement of current existing UCP but is superior to UCP under some circumstances. The document shall include an electronic record. The place for presentation of electronic records means an electronic address. The current e-UCP is not clear on this matter. We have to note followings in case of presenting the documents electronically and applying the e-UCP. There are three principles in the letter of credit transaction, that is to say, independence and abstraction, document dealing, strict compliance. IN the electronic letter of credit, these principles are called as independence and abstraction, electronic document dealing, strict compliance.

목차

Ⅰ. 序論

Ⅱ. 信用狀의 法的 性質

Ⅲ. Fraud Rule의 判斷基準

Ⅳ. 詐欺의 類型

Ⅴ. 對處方案

參考文獻

Abstract

키워드

信用狀 信用狀統一規則 獨立抽象性 詐欺原則 禁止命令 偽 造 變造 The Credit Uniform customs and practice for commercial documentary credits Principles of independence and abstraction Fraud Rule Injunction Fraudulent or False