UCP600의 국제상무적용에 대한 연구

Abstract

There are many factors to be considered importantly in the international trade such as overseas market research, promotion, credit inquiry, punctual delivery, protect claim against unexpected things, etc. Among them two factors, punctual delivery and receipt of payment in side of seller, receipt of contracted goods without any risks in side of buyer, are the most important things when we are doing international transaction. The international trade would be understood international transactions which are made by exchanging value of goods among countries, having different cultures, custom, language, rules and systems.

The international transaction also has been doing through complicated and various types of payment, consisting of a lots participant, exporters, importers, banks, authorities.

There may be seen lots of unexpected risks arising from controversies, arguments and the gap of understanding of parties concerned under the background mentioned above.

The elements of the risks may be happened as various types in result of doing the contracted goods, the parties concerned, the time and terms of payment , the law and business circumstances of the counter part.

The most part of risks are caused by the uncertainty of the punctual delivery, the quality and receipt of payment.

The trade terms by a Letter of Credit through long customary usage is set more patterned term than others. The purpose of the Letter of Credit term serves to smooth payment which interchanges the credit of parties to higher public trust of banks.

The Letter of Credit(L/C) had been mainly used in Europe practically and commercially since the International uniform of Credit appeared.

Since then, the Uniform Customs and Practice for Documentary Credits , ICC Publication No.500 (commonly called UCP500) revised continually per about 10years has been applied to the L/Cs under the change and progress of international circumstances, various goods sold and practical application in business.

The UCP500 according to the fifth revision being addressed in May 13th, 1993 has been applied since Jan 1, 1994

ICC(International Chamber of Commerce) has collected the opinions of administration concerned, banks and working groups to solve some controversies which had been discussed during the application period of UCP500

The Banking Commission being held in Oct 25. 2006 , Paris allowed the UCP600. It has been examined thoroughly and It is effected from July 1st in public thoroughly examining of draft for six month test work.

This study is to list of changed articles and to present the counter measures

This study presents some counter measurement of controversial articles which may arise at the time of effect of UCP600, and is to analyze problems bringing confusion on practical apply owing to a short of understanding of UCP600.