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박세운 교수 창원대학교 경영학과

박세운 교수 창원대학교 경영학과. UCP 600 & ISBP. 프로필. 외환은행 근무 ICC Korea 국제금융위원회 위원장 Member of Consulting Group on URDG Revision 한국금융연수원 강사 창원대학교 경영학과 교수. 신용장 관련 국제규칙. - 신용장 통일규칙 (UCP600) - 국제표준은행관행 (ISBP) - ICC Opinions - 판례 - 미국 통일상법 (UCC Chapter 5)

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박세운 교수 창원대학교 경영학과

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  1. 박세운 교수 창원대학교 경영학과 UCP 600 & ISBP

  2. 프로필 • 외환은행 근무 • ICC Korea 국제금융위원회 위원장 • Member of Consulting Group on URDG Revision • 한국금융연수원 강사 • 창원대학교 경영학과 교수

  3. 신용장 관련 국제규칙 - 신용장 통일규칙 (UCP600) - 국제표준은행관행(ISBP) - ICC Opinions - 판례 - 미국 통일상법(UCC Chapter 5) - DOCDEX decision

  4. www.dcprofessional.com

  5. 신용장 통일 규칙 복합 운송 서류 뜻 발행자 FIATA M/T B/L

  6. 복합운송서류의 본선적재표기

  7. UCP 600 Article 19 Transport Document Covering at Least Two Different Modes of Transport Article 1 – exclude or modify Indicate name of carrier On its face No reference to MTO – carrier or master only Authentication removed Consistent signing and capacity details No name of master UCP 500 Article 26 aIf a Credit calls for a transport document covering at least two different modes of transport (multimodal transport), banks will, unless otherwise stipulated in the Credit, accept a document, however named, which: i.appears on its face to indicate the name of the carrier or multimodal transport operator and to have been signed or otherwise authenticated by: - the carrier or multimodal transport operator or a named agent for or on behalf of the carrier or multimodal transport operator, or - the master or a named agent for or on behalf of the master. Any signature or authentication of the carrier, multimodal transport operator or master must be identified as carrier, multimodal transport operator or master, as the case may be.An agent signing or authenticating for the carrier, multimodal transport operator or master must also indicate the name and the capacity of the party, i.e. carrier, multimodal transport operator or master, on whose behalf that agent is acting, and UCP 600 – Overview of Article 19

  8. UCP 600 Article 19 Transport Document Covering at Least Two Different Modes of Transport No reference to sail Not necessary due to definition of Complying Presentation UCP 500 Article 26 iv.consists of a sole original multimodal transport document or, if issued in more than one original, the full set as so issued, and v.appears to contain all of the terms and conditions of carriage, or some of such terms and conditions by reference to a source or document other than the multimodal transport document (short form/blank back multimodal transport document); banks will not examine the contents of such terms and conditions, and vi.contains no indication that it is subject to a charter party and/or no indication that the carrying vessel is propelled by sail only, and vii.in all other respects meets the stipulations of the Credit. UCP 600 – Overview of Article 19

  9. UCP 600 Article 19 Transport Document Covering at Least Two Different Modes of Transport Articles 19 (b) and (c): b. For the purpose of this article, transhipment means unloading from one means of conveyance and reloading to another means of conveyance (whether or not in different modes of transport) during the carriage from the place of dispatch, taking in charge or shipment to the place of final destination stated in the credit. c. i. A transport document may indicate that the goods will or may be transhipped provided that the entire carriage is covered by one and the same transport document. ii. A transport document indicating that transhipment will or may take place is acceptable, even if the credit prohibits transhipment. UCP 600 – Overview of Article 19

  10. 신용장 통일 규칙 해상선하증권이란… □ 해상선하증권을 요구하는 것으로 간주되는 표현 marine bill of lading ocean bill of lading on board bill of lading Shipped bill of lading port-to-port bill of lading B/L(운송출발지점으로 항구 명 또는 항구 소재지명) (1)Title은 상관없음 multimodal transport B/L Bill of Lading for Combined Transport shipment or Port-to- Port Shipment (2)the carrier or a named agent the master or a named agent

  11. However named and On board Notation LC requires shipment from Pusan to Shanghai Bill of Lading Pre-carriage (blank) Place of receipt Ulsan Ocean vessel Sun Star Port of loading Pusan Port of discharge Hong Kong Final destination Shanghai “Shipped on board June 2 2008”

  12. Wording seen on many B/L Shipped,as far as ascertained by reasonable means of checking, in apparent good order and condition unless otherwise, stated herein, the total number or quantity of Container or other packages or units indicated in the box entitled “Carrier’s Receipt “ for carriage always subject to all Terms and Conditions hereof (including all terms and conditions on the reverse hereof and those terms and conditions contained in the carrier’s applicable tariff) from the place of receipt or the port of loading, whichever is applicable, to the port of discharge or place of delivery, whichever is applicable. When the place of receipt box has been completed, any notation on this bill of lading of “on board”, “loaded on board” or words to like effect, shall be deemed to be on board the means of transportation performing the carriage from the place of receipt to the port of loading.

  13. Commentary on UCP 600 The Drafting Group recognized that whilst UCP 600 conveys that the bill of lading is a port-to-port document, there will be occasions when the shipping company or its agent will include reference to a place of receipt or taking in charge that is different from the port of loading. To cover this eventually, the content of sub-article 20(a) (ii) reads: ”indicate that the goods have been shipped on board a named vessel at the port of loading stated in the credit by: “ The emphasis in this condition is that the document checker must be able to determine that the bill of lading appears to indicate that the shipped on board statement (pre-printed wording or by a separate notation) relates to loading on board the named vessel at the port of loading stated in the credit and not to any pre-carriage of the goods between a place of receipt or taking in charge and the port of loading. Unless it is evident from the bill of lading that the shipped on board statement applies to the vessel and the port of loading that the shipped on board statement applies to the vessel and the port of loading , the bill of lading will require, as was the case in UCP 500, an on board notation showing the port of loading and the named of the vessel, even if the goods are loaded on the vessel named in the bill of lading.

  14. However named and On board Notation LC requires shipment from Pusan to Shanghai Bill of Lading Pre-carriage (blank) Place of receipt Pusan CY Ocean vessel Sun Star Port of loading Pusan Port of discharge Hong Kong Final destination Shanghai “Shipped on board June 2 2008”

  15. 신용장 통일 규칙 해상선하증권이란… (3) a named vessel에 선적 on board notation 요건 [1]본선적재의 뜻 표시 [2]본선적재일 (4)수리거절 요건 [1] charter-party B/L

  16. 신용장 통일 규칙 운송서류 운송인 표시예 ABC Lines carrier ABC Lines by 서명

  17. 신용장 통일 규칙 * 지시식 B/L ?? 송하인지시식 단순 지시식 • To order.. • To order of Shipper 매입은행지시식 개설은행지시식 •To order of (the negotiating bank) •To order of (the L/C openning bank)

  18. 신용장 통일 규칙 운송서류 배서 예 * Blank endorsed(백지식배서) ABC Co. 서명 Manager * 기명식 배서 Deliver to xxx Co. ABC Co. 서명 Manager

  19. <쉬어가는 페이지 >처음 본 박쥐 아기 쥐가 태어나서 처음으로 박쥐를 보았다 너무나 놀라서 엄마 쥐에게 달려가 흥분된 어조로 말했다. 아기쥐 : 뭐라고 말했을까요?

  20. 신용장 통일 규칙 Transhipment 환적이 금지되더라고 컨테이너 등에 선적되면 환적이 허용된다 환적을 금지하면서 통일규칙 제 20조 (c) ( ii )적용을 배제하였다면 환적 불허 X O Port of Loading : Busan Port of Loading : Busan Port of Discharge : Hong Kong Port of transhipment: Hong Kong Final Destination : Shanghai Port of Discharge : Shanghai

  21. 신용장 통일 규칙 선적 일자.. (1)Ocean B/L, Non-negotiable Sea Waybill, Charter-party B/L Shipped B/L-B/L 발행일자 On Board B/L-본선적재 부기 일자 (2)Multimodal Transport B/L 발송, 수탁, 본선적재-B/L발행일자 또는 별도의 부기일자 (3)AWB accepted for carriage--발행일자 AWB상의 flight date (4)Courier, Post Receipts 특사배달업체의 수취일자 또는 집하일(the date of pick-up)

  22. UCP 600 Article 20 Bill of Lading Article 20 (a) (i): i. indicate the name of the carrier and be signed by: • the carrier or a named agent for or on behalf of the carrier, or • the master or a named agent for or on behalf of the master. Any signature by the carrier, master or agent must be identified as that of the carrier, master or agent. Any signature by an agent must indicate whether the agent has signed for or on behalf of the carrier or for or on behalf of the master. NOTE: consistent style for all transport articles UCP 600 – Overview of Article 20

  23. 선하증권 서명

  24. UCP 600 Article 20 Bill of Lading Article 20 (a) (iii) If the bill of lading does not indicate the port of loading stated in the credit as the port of loading …an on board notation indicating the port of loading as stated in the credit, the date of shipment and the name of the vessel is required UCP 600 – Overview of Article 20

  25. However named and On board Notation LC requires shipment from Pusan to Shanghai Bill of Lading Pre-carriage (blank) Place of receipt Pusan Ocean vessel Sun Star Port of loading Hong Kong Port of discharge Shanghai “Shipped on board June 2 2008”

  26. ISBP Paragraph 98 While the named port of loading, as required by the credit, should appear in the port of loading field within the bill of lading, it may instead be stated in the field headed "Place" "of receipt" or the like, if it is clear that the goods were transported from that place of receipt by vessel, and provided there is an on board notation evidencing that the goods were loaded on that vessel at the port stated under "Place of receipt" or like term.

  27. ISBP Paragraph 99 While the named port of discharge, as required by the credit, should appear in the port of discharge field within the bill of lading, it may be stated in the field headed "Place of final destination" or the like if it is clear that the goods were to be transported to that place of final destination by vessel, and provided there is a notation evidencing that the port of discharge is that stated under "Place of final destination" or like term.

  28. 선적항과 하역항

  29. UCP 600 Article 20 Bill of Lading No reference to sail Not necessary due to definition of Complying Presentation UCP 500 Article 23 iv.consists of a sole original bill of lading or, if issued in more than one original, the full set as so issued, and v.appears to contain all of the terms and conditions of carriage, or some of such terms and conditions by reference to a source or document other than the bill of lading (short form/blank back bill of lading); banks will not examine the contents of such terms and conditions, and vi.contains no indication that it is subject to a charter party and/or no indication that the carrying vessel is propelled by sail only, and vii.in all other respects meets the stipulations of the Credit. UCP 600 – Overview of Article 20

  30. UCP 600 Article 20 Bill of Lading Articles 20 (b), (c) and (d): b. For the purpose of this article, transhipment means unloading from one vessel and reloading to another vessel during the carriage from the port of loading to the port of discharge stated in the credit. c. i. A bill of lading may indicate that the goods will or may be transhipped provided that the entire carriage is covered by one and the same bill of lading. ii. A bill of lading indicating that transhipment will or may take place is acceptable, even if the credit prohibits transhipment, if the goods have been shipped in a container, trailer or LASH barge as evidenced by the bill of lading. d. Clauses in a bill of lading stating that the carrier reserves the right to tranship will be disregarded. UCP 600 – Overview of Article 20

  31. 선적선하증권

  32. 본선적재부기선하증권

  33. 선적선하증권에 본선적재부기

  34. 환적 표시

  35. 용선계약부 선하증권 (1)

  36. 용선계약부 선하증권 (2)

  37. 용선계약부 선하증권 (3) BILL OF LADING TO BE USED WITH CHARTER-PARTIES CODE NAME: “CONGENBILL” EDITION 1994 ADOPTED BY THE BALTIC AND INTERNATIONAL MARITIME COUNCIL(BIMCO)

  38. 용선계약부 선하증권 서명권자 • The master or a named agent • The owner of a named agent • The charterer of a named agent

  39. UCP 600 Article 22 Charter Party Bill of Lading Geographical or region as port of discharge is acceptable Reference to sail is deleted Not necessary due to definition of Complying Presentation UCP 600 – Overview of Article 22

  40. UCP 600 Article 23 Air Transport Document Articles 23 (b) and (c): b. For the purpose of this article, transhipment means unloading from one aircraft and reloading to another aircraft during the carriage from the airport of departure to the airport of destination stated in the credit. c. i. An air transport document may indicate that the goods will or may be transhipped, provided that the entire carriage is covered by one and the same air transport document. ii. An air transport document indicating that transhipment will or may take place is acceptable, even if the credit prohibits transhipment. UCP 600 – Overview of Article 23

  41. 운송인서명 항공운송장

  42. 운송인 대리인 서명 AWB

  43. 출발공항과 도착공항

  44. IATA Code UCP 600 Article 23 Air Transport Document – ICC Opinion TA 636(October 2007) Q: Paragraph 141 of the ISBP allows using IATA codes for airports instead of writing out their names in full. Can the same be applied for carriers’ IATA codes, i.e., the AWB is signed by the agent of the carrier and the carrier is identified as BA, AF, LH or TK in the field “By First Carrier” or anywhere on the AWB defined as carrier by means of said codes?

  45. 선적일 별도 표시 없는 AWB

  46. 별도 선적일 표시 AWB

  47. 운송인 사용란

  48. 환적 항공운송서류 를 식별 Airport of Departure and requested routingVancouver to Frankfurt/Main Germany To YYZ To FRA By CA Routing and Destination By first Carrier AC YVR/YYZ/FRA Flight DateAC580/ 9 APR Flight DateCA872/10 APR Airport of DestinationFrankfurt/Main Airport

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