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      • KCI등재

        국제표준은행관행(ISBP 745)상 보험서류 요건의 개정내용에 관한 연구

        박석재(Suk-Jae Park),강희숙(Hee-Suk Kang) 한국무역연구원 2015 무역연구 Vol.11 No.6

        This paper intends to study the revision of insurance documents under ISBP 745 relative to the following aspects: issuer, signing and original of an insurance document, dates, an insured party and endorsement. Main revised contents of insurance documents under ISBP 745 are as follows: First, an insurance document is to appear to have been issued and signed by an insurance company or underwriter or their agent or proxy. Second, an insurance document that indicates that cover is provided by more than one insurer may be signed by a single agent or proxy on behalf of all insurers or be signed by an insurer for [or on behalf of] all co-insurers. Third, when a credit requires the insurance document to be issued in more than one original, or when the insurance document indicates that it has been issued in more than one original, all originals are to be presented and are to appear to have been signed. Fourth, an insurance document that indicates coverage has been effected from ‘warehouse-to-warehouse’ or words of similar effect, and is dated after the date of shipment, does not indicate that coverage was effective from a date not later than the date of shipment. Fifth, a credit should not require an insurance document to be issued ‘to bearer’, or ‘to order’. A credit should indicate the name of an insurance party. Sixth, when a credit is silent as to the insured party, an insurance document is not to evidence that claims are payable to the order of, or in favour of, the beneficiary or any entity other than the issuing bank or applicant, unless it is endorsed by the beneficiary or that entity in blank or in favour of the issuing bank or applicant.

      • KCI등재

        제6차 개정 신용장통일규칙(UCP 600)의 주요 내용에 관한 연구

        박석재(Park Suk Jae) 한국무역상무학회 2007 貿易商務硏究 Vol.33 No.-

        The UCP is an authoritative compilation of the customs and practice of letters of credit observed by most of the participants in the transaction. It remains the most successful set of private rules for trade ever developed. First issued in 1933, the UCP has been through five revisions, the latest being the present UCP 500, which came into force in 1994. Since 1994, new developments in transport, insurance, electronic commerce and banking industry have spurred the current revision of the rules. The ICC Banking Commission approved UCP 600 on October 25, 2006 by a unanimous vote of 91 to 0. The revision, which will come into effect on July 1, 2007, incorporates a number of changes from UCP 500 as follows : UCP 600 has a leaner set of rules, with 39 articles rather than 49 articles of UCP 500; New sections on “definitions” and “interpretations” have been added to clarify the meaning of ambiguous terms; The phrase “reasonable time” for acceptance or refusal of documents has been replaced by a firm period of five banking days; UCP 600 allows for the discounting of deferred payment credits. However, UCP 600 has two main problems such as the inconsistency with insurance industry and the banking community-oriented rules. We have some months before the commencement of UCP 600. From today to the commencement of UCP 600, we should study the full contents of UCP 600 and the influences on the trade industry.

      • KCI등재

        신 청구보증 통일규칙(URDG 758)의 주요 내용에 관한 연구

        박석재(Park, Suk Jae) 한국무역상무학회 2011 貿易商務硏究 Vol.51 No.-

        URDG 758 tracks UCP 600 in format and style. This makes it easy for practitioners to understand various terms with a lot more clarity than in URDG 458, since practitioners see things in a format and style they are accustomed to. It is a fact that the provisions of the national law will prevail over the URDG 758. In many countries there is only limited written law concerning abstract guarantees; therefore any conflict between URDG 758 and the national law will be unlikely. In many instances the instructing party is different from the applicant - the party whose obligation is supported by the guarantee. And provision for amendment is a new addition in URDG 758. Inspiration was taken from UCP 600 with some fine tuning: accpet, reject or do nothing - and the implications of each of these. Chief among the innovations in the URDG 758 is the one banning non-documentary conditions. The consensus is that the new URDG 758 is a major improvement on URDG 458 in both comprehensiveness of scope and contents of rules. The URDG 758 is likely to become the international standard in the field of demand guarantees.

      • KCI등재

        신용장 거래에서 물품검사 조항의 악용유형과 대응방안 연구

        박석재(Suk-Jae Park) 한국무역연구원 2016 무역연구 Vol.12 No.4

        This paper intends to study the various kinds and countermeasures of soft clauses in relation to goods inspection in letter of credit transactions. There are four main kinds of soft clauses in relation to goods inspection in letter of credit transactions and these include the consistency between the signature of inspection certificates and the signature filed by an issuing bank, an issuing bank’s confirmation requirement on the signature of inspection certificates issued by an inspection company, the inspection certificates issued by buyers, and the determination on the payment depending on an issuing bank’s inspection result. There are five main kinds of countermeasures of soft clauses in relation to goods inspection in letter of credit transactions. They include the prudent writing of an international sales contract, the elimination and the amendment of soft clauses in relation to goods inspection in a letter of credit, the thorough credit check, and the acquisition of qualified inspection certificates.

      • KCI등재

        중국과의 무역거래에서 UCP 600 적용상의 문제점에 관한 연구

        박석재(Park, Suk Jae) 한국무역상무학회 2014 貿易商務硏究 Vol.61 No.-

        This paper intends to study some problems in the application of UCP 600 in the international trade transactions with China. Generally speaking, China complies with UCP 600 well. Nevertheless, there are some problems in the application of UCP 600 in China owing to the difference in law and practices. There are some problems in the application of UCP 600 in China owing to the difference of practices under Bills of Exchange Act and The Provisions of the Supreme People's Court on Some Issues Concerning the Trial of Cases of Disputes over Letter of Credit. The Act insists on the formal requirements, the consistency between a letter amount and a figure amount, the unconditional payment character of bills of exchange. The Provisions include the recognition of revocable credits, the difference of standard in examining documents, the difference in the treatment of issuing banks in relation to discrepant documents. These aforesaid matters of the Act and the Provisions are inconsistent with the practices under the UCP 600. There are two main problems in the operation of letters of credit in China. One is the lack of concerned parties' practice knowledge in relation to letters of credit in China. The other is the inactive stance of nominated banks in China. There are two main problems in relation to judiciary institutions in China. First, judges in China tend to abuse the injunctions owing to the lack of understanding in relation to letters of credit. Secondly, there are inconsistency in the court ruling in China.

      • KCI등재
      • KCI등재

        UCP 600에서의 은행의 서류심사 및 불일치 서류에 대한 은행의 대응에 관한 연구

        박석재(Suk-Jae Park),정은영(Eun-Young Jung) 한국무역연구원 2012 무역연구 Vol.8 No.4

        This study intends to study some issues in relation to examination of documents and action on discrepant documents by banks under UCP 600. There are three kinds of issues in relation to the examination of documents by banks under UCP 600 such as standard for examination of documents and doctrine of strict compliance, time for examination of documents and non-documentary conditions. There are three kinds of issues in relation to the action on discrepant documents by banks under UCP 600 such as refusal of payment in principle, approaching the applicant for a waiver of the discrepancies by an issuing bank and preclusion rule. This paper hopes to contribute banks, sellers and buyers to understand some issues in relation to examination of documents and action on discrepant documents by banks under UCP 600.

      • KCI등재

        자가면역성 뇌척수염 흰쥐의 활성화된 신경아교세포에서 증가된 osteopontin의 발현

        박석재,황인선,김규범,신태균,지영흔,Park, Suk-jae,Hwang, In-sun,Kim, Gyu-beom,Shin, Tae-kyun,Jee, Young-heun 대한수의학회 2006 大韓獸醫學會誌 Vol.46 No.3

        Experimental autoimmune encephalomyelitis (EAE) is a disease model of multiple sclerosis (MS) that is characterized by remittance and relapse of the disease and autoimmune and demyelinating lesions in the central nervous system (CNS). Autoimmune inflammation is maintained by secretion of a large number of protein. Previous studies have suggested that transcripts encoding osteopontin (OPN) are frequently detected in the mRNA population of MS plaques. To elucidate the functional role of OPN in initiation and development of EAE, we examined the expression and localization of OPN in the spinal cord during acute EAE. We demonstrated that OPN significantly increased at the early stage of EAE and slightly declined thereafter by western blot analysis. An immunohistochemical study revealed that OPN was constitutively expressed in some glial cells (microglia, astrocytes) of white matter and neurons in the CNS of control rats. OPN expression was shown to be increased in the same cells at the early and peak stage of EAE. To identity cells expressing OPN by double-immunofluorescence labeling, we labeled rat spinal cord sections for OPN with a monoclonal OPN antibody and with mAbs for astrocyte (GFAP), microglia/macrophage (OX42)-specific markers. The major cell types of OPN-expressing cells were activated astrocytes and microglia in the adjacent inflammatory lesions. Interestingly, OPN was mainly expressed in the end feet of astrocytes around vascular cell adhesion molecule-1 (VCAM-1) expressing endothelial cells of CNS blood vessel. These findings suggest that increased levels of OPN in activated glial cell may play an important role in the recruitment of inflammatory cells into the CNS parenchyma during EAE.

      • KCI등재

        중국의 최고인민법원의 신용장 분쟁사건 심리에 관한 약간의 문제에 관한 규정 에 관한 연구

        박석재(Suk-Jae Park),김종태(Jong-Tae Kim) 한국무역연구원 2014 무역연구 Vol.10 No.3

        This study intends to review the rules of the Supreme People s Court on Some Issues Concerning the Trial on the Disputed Cases over the Letter of Credit of China. The background for the rules is that the international reputation of letters of credit issued by domestic banks of China was severely harmed due to the inadequacy of the criteria and discretion of Chinese local courts in their trial of the L/C dispute cases arising out of lack of understanding of the international Rules of Game in the L/C area. The rules consist of 18 articles and cover seven main fields. They include the scope of application and governing law, the independence principle of L/C, the examination of documents and inconsistency, the recognition of L/C fraud, the application of fraud exception rule, the legal process for the application and cancellation of injunction, the warranty issued in connection with the application of L/C etc.

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