해상수입화물 보증도(保證渡)의 국내관행에 관한 사례의 비교연구

• 영문명: The Case Study of Local Customs in the Delivery of Imported Ocean Cargo using the Letter of Guarantee issued by Banks
• 발행기관: 한국국제상학회
• 저자명: 양의동(Yang-ui Dong)
• 간행물 정보: 『국제상학』國際商學 第24卷 第3號, 139~151쪽, 전체 13쪽
• 주제분류: 경제경영 > 무역학
• 파일형태: PDF
• 발행일자: 2009.09.30

영문 초록

In the Letter of Credit’s Transaction requesting an Ocean Bill of Lading, the importer generally wants to take the delivery from the shipping company prior to receiving the original B/L. When this is the case, it is a rule that the importer must get a Letter of Guarantee (L/G) from the Issuing Bank and present it to the shipping company. The Issuing Bank is a consignee of the B/L. If the importers want to take the L/G from the issuing bank, the importers are responsible for paying the proceeds imported to the Issuing Bank. However, there are many cases in which after presenting a forged L/G, the importers would take the goods from the shipping company. As a result, the importers would be bankrupt having not paying the proceeds to the bank. The Issuing Bank would also lose their rights to take goods from the shipping company though previously presented with an original B/L to the ocean carrier. The question at hand is should the shipping company release the cargo only to the original holder of the B/L or, release the cargo to the holder of the L/G by the Issuing Bank even though it may be an unlawful act? Therefore in this article, I would like to investigate the following issues: the domestic customs of delivery of cargo by the L/G of the bank, and further study the problems that arise as a result of these measures. In addition, I would like to present the means of improvement for this system.

목차

Abstract

Ⅰ. 서론

Ⅱ. 사례 연구

Ⅲ. 국내 보증도 관행의 문제점 및 대책

Ⅳ. 결론

참고문헌

키워드

L/G Letter of Guarantee B/L Bill of Lading forged L/G