UCP 600을 위한 주요개정내용에 관한 연구 - 2005. 11월 1차개정완결초안을 중심으로 = Analysis on Critical Issues on UCP 600 -With a Special Reference to 1st Complete Draft Nov05-

다국어 초록 (Multilingual Abstract)

  This paper is aiming at analyzing critical issues for UCP 600 as shown in the First Complete Draft of the proposed Articles, November 2005, so as to make available by banks, traders, transporters and insurance companies to cope with a challenge and an opportunity launched on these new rules. In the course of identifying the issues, two papers by Roger Kreitman, "UCP 600: The end in sight?", October 2005 and by ICC-US Council for International Business, "UCP Drafting Group Makes Progress", from the July-September 2004 issue of DCInsight, have been mainly referred to.<BR>  In this paper, special issues and definitions of the first complete draft are analysed, such as 1) "On its face", 2) Time restriction for examination of documents, 3) discounting of deferred payment undertaking, 4) liabilities of a notifying bank, 5) acceptance or rejection of the amendment by the beneficiary, 6) data inconsistency between documents, 7) "Honour" and "Negotiation" and so on. The Complete Draft is a draft not a revision itself. Since the draft is, however, the product made as a result of 3 (three) year study by the Working Group, it is expected that UCP 600 would not be greatly deviated from this draft. It should be further studied on the article by article of UCP 600 in comparison with UCP 500 with a view to its implementation.

목차 (Table of Contents)

• Abstract
  Ⅰ. 서론
  Ⅱ. UCP 600을 위한 실무 관행 관련 주요 쟁점분석
  Ⅲ. UCP 600을 위한 개념 정립 관련 주요 쟁점분석
  Ⅳ. 평가 및 결론
  참고문헌
  

참고문헌 (Reference)

1 한주섭, "최신 신용장론" 동성사 1994.

2 한재필, "양도가능신용장거래에서 은행의 영업상 비밀유지의무위반에 관한 연구" 한국중재학회 16 (16): 2006.3.

3 박세운, "신용장통일규칙 개정 추진현황" 전국은행연합회 2006.03.

4 "key issues" Comments on the Latest UCP draft 122-600,

5 "http://tradefinanceindia.com/case%20laws/santander"

6 del Busto, "UCP 500 and 400 Compared - An Article by Article detailed analysis of the new UCP 500 Compared with the UCP 400" 1993.

7 "UCP 500 Articles 2, 7, 9, 10, 11, 12, 13 & 14 - Comment" (4) :

8 Kreitman, Roger,, "The end in sight?" 2005.10

9 Dolan, "The Law of Letters of Credit" 1990cumulativesupplementno.11990.

10 Gutteridge, "The Law of Banker's Commercial Credits" 1979.

11 ICC DCInsight, "The Insight interview: Ole Malmvist" ICC DCInsight

12 ICC, "Revision of UCP 500 - Issues Identification Paper" (470) :

13 "Policy Statement: A future UCP 500 revision" (470) : 3-4, 1999.11

14 Klein, Carter H, "Letter of Credit Law Developments" Jenner & Block 19 : 2006.1

15 채동현, "ICC Commission on Banking Technique Practice 정기회의참가보고" 2003.12.

16 "Draft two of 19 articles of the UCP revision (except for current UCP 500 Articles 13 and 14) for comments by 23 April 2004" 2004.4

17 Henry Campbell Black, "Definitions of the Terms and Phrases of American and English Jurisprudence" St. Paul Minn. West Publishing Co. 1979.

18 5th ed, "Black's Law Dictionary with Pronunciations" West Publishing Co. 1979.