선하증권상의 “적재부기”의 요건과 그 시사점에 관한 연구 = A Study on the Requirements and Implications for “on Board Notation” on the Bill of Lading under Letter of Credit Transactions

다국어 초록 (Multilingual Abstract)

This study is to review “on board notation” on a bill of lading under letter of credit transactions. A bill of lading is a type of document that is used to acknowledge the receipt of a shipment of goods. However, UCP 600Article 20 (a)(ⅱ) requires the bill of lading to indicate that the goods have been shipped on boarda named vessel at the port of loading stated in the credit by pre-printed wording, or an on board notation indicating the date onwhich the goods have been shipped on board. The shipped on board statement should relate to loading on board the named vessel at the port of loading stated in the credit.
But it doesn t seemthat the on board notation clause in theUCP 600 reflect current shipping practice fully because of the various kinds of on board notation and the confusion surrounding their use. There is a need to understand accurately the meanings and requirements of “on board notation” under UCP 600 and the related regulations.
So, This paperwill be studied the requirements and indicationmethod of “on board notation” on the bill of lading and presented the practical implications under the bill of lading transactions. This study was based on documentary research including preceding research.

목차 (Table of Contents)

• Ⅰ. 서언
• Ⅱ. 선하증권의 기능과 제시
• Ⅲ. 선하증권상 “적재부기”의 요건
• Ⅳ. 선하증권상 적재부기와 그 시사점
• Ⅴ. 결언
• 참고문헌
• ABSTRACT

참고문헌 (Reference)

1 이균성, "해상법판례연구" 해운산업연구원 1989

2 "서울중앙지법 2012. 11. 30. 선고 2012나32729 판결"

3 채진익, "무역결제론" 도서출판 두남 2016

4 "대법원 2008. 2. 14. 선고 2006다47585 판결"

5 "대법원 2005. 3. 24. 선고 2003다5535 판결"

6 "대법원 1984. 9. 11. 선고, 83다카1661"

7 대한상공회의소, "국제표준은행관행 ISBP 745" 대한상공회의소․한국금융연수원 2013

8 서정두, "국제은행관습상 Surrender B/L의 한계성에 관한 연구" 한국무역상무학회 69 : 201-220, 2016

9 ICC, "Recommendations of the Banking Commission in respect of the requirements for an On board Notation"

10 ICC, "Opinion TA 650rev., TA 679/ICC Opinion R.644 & R.648)"

11 Lee, T. O., "On Deck Shipment and Shipped On Board Notations" 17 (17): 2011

12 Andrle, Pavel, "Notation and multimodal transport documents" 16 (16): 2010

13 Erdemol, Haluk, "Is UCP language re on board notations sufficient?" 15 (15): 2009

14 Collyer, Gary, "ICC’s on board notation paper" 16 (16): 2010

15 Lee, T. O., "Forwarders’ bills of lading: the role of the document checker" 17 (17): 2011

16 ICC, "Five Banking Commission Opinion on UCP 600" 15 (15): 2009

17 ICC, "Commentary on UCP 600" ICC 2007

18 Ronai, Bob, "A Reply to T.O.Lee on Forwarders’ bills of lading" 17 (17): 2011