Legal Implication of the Surrendered Bill of Lading in Korea

• 발행기관: 한국무역학회
• 저자명: In Hyeon Kim
• 간행물 정보: 『Journal of Korea Trade (JKT)』Vol.28 No.7, 89~105쪽, 전체 17쪽
• 주제분류: 경제경영 > 무역학
• 파일형태: PDF
• 발행일자: 2024.11.30

국문 초록

Purpose - Surrendered Bills of Lading have been widely circulated among Korea, Japan, and China. Because their legal effect has not been codified, there has been considerable legal uncertainty. As a result, many legal disputes arose. The writer seeks to address the legal issue of the surrendered Bills of Lading and inform users of the legal risk incurred. As several articles have been published in Korean, the present writer desires to publish an article written in English for the benefit of foreign academics and practitioners. Design/Methodology - The writer has accumulated information on surrendered Bills of Lading from industry sources, judicial decisions, and published articles. The writer classified the surrendered Bill of Lading into two types and gave different legal meanings to them. Findings - Surrendered Bills of Lading are not equivalent to general negotiable Bills of Lading. By parties’ agreement, Bills of Lading do not function as documents of title. Therefore, there is no need for the consignee to present a Bill of Lading to the carrier to obtain the cargo. Only when the Bill of Lading is surrendered after the Bill is issued, the agreement in the Bill become valid and enforceable. The sea waybill is more reliable and stable because its legal effect is stipulated in the Korean Commercial Code. The use of the sea waybill rather than the surrendered Bill of Lading is therefore more desirable. Originality/value - Existing studies focus on the economic aspect of surrendered Bills of Lading. Although several articles focus on legal issues involved Surrendered Bills of Lading, no article written in English related to Korean practices and their legal nature has yet been published. The surrendered B/L is not regulated in the Korean Commercial Code and is therefore unstable. By inserting an article, legal certainty can be secured in respect of the surrendered B/L. Therefore, this article has originality and value.

목차

1. Introduction

2. Examples of Using the Surrendered B/L and Procedural Matter

3. Legal Implication of the Surrendered B/L

4. Comparison with Other Transport Documents

5. Precaution When the Surrendered B/L Is Engaged

6. Conclusion

References

키워드

Bill of Landing Presentation Rule Sea Waybill Surrendered B/L Transport Documents Transport of Goods