船荷證券의 機能과 EDI化 可能性에 관한 硏究 = A study on the function of bill of lading and the acceptability of its EDI systematization

다국어 초록 (Multilingual Abstract)

As ED1 system come into use widely in administration, commerce and transportation, international trade carried out with documents traditionally is gradually being transformed into ' paperless trade' under such circumstances.
By introducing ED1 system into Bills of Lading that are one of the most important documents in international trade using advanced information technology, ' The B/L Crisis' so called can be settled and the efficiency in international trade can be pursued. By the way such a new system has been proposed by CMI.
This paper is a study on the functions of Electronic Bill of Lading proposed by CMI in comparison with those of traditional B/L, the problems in relation to implementation of Electronic Bill of Lading, and the acceptability of Electronic Bill of Lading in view of law and business practice.
To sum up, though there is no problem in substituting paper B/L with Electronic Bill of Lading in view of its functions, it seems to be too early to grant the same legal effect to Electronic Bill of Lading as paper B/L owing to a defect in legislation. But there are constant efforts to accept Electronic Bill of Lading in international convention and business custom. Therefore it is forcasted that Electronic Bill of Lading will be introduced in the level of the management strategy and the survival of an enterprise in spite of the load of its cost and the difficulty of adaptation to new practice.
As EDI is displayed to the best of its ability when it is generally implemented in all parts of transaction rather than partial implementation, it is probable that ED1 systematization of B/L will be realized in such level.
In conclusion, although Electronic Bill of Lading has many questions to be settled and commercial practice is not easily altered, a keen request for the change of the current practical custom shall act most importantly on the introduction an settlement of new business custom.

목차 (Table of Contents)

• Abstract
• Ⅰ. 序論
• Ⅱ. 船荷證券의 機能
• 1. 船荷證券의 本質
• 2. 船荷證券의 法的 性質
• 3. 船荷證券의의 機能
• 4. 船荷證券의의 機能上 問題點
• Ⅲ. 船荷證券의의 EDI化
• 1. 船荷證券의의 EDI化의 槪念
• 2. EDI에 의한 運送契約·權利移轉 및 貨物引渡節次
• 3. 電子式 船荷證券(Electronic B/L)의 法的 效力
• Ⅳ. 電子式 船荷證券의 問題點 및 受容可能性
• 1. 電子式 船荷證券의 問題點
• 2. 電子式 船荷證券의 受容可能性
• Ⅴ. 結論
• 參考文獻