• Korea Trade Review
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• v.42 no.2
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• pp.53-76
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• 2017

To solve the crisis of bill of lading, every effort has been made to introduce the electronic bill of lading and sea waybill on a global basis. In spite of these efforts, electronic bill of lading is not introduced practically so farm but sea waybill is used in western nations to cope with the crisis of bill of lading. But there is a practice that surrendered bill of lading is used insead of sea waybill in Korea, China and Japan to do so. The surrendered bill of lading faces the problem that it is not considered legally as bill of lading and the decisions rendered by each nation's courts are different according to the usages of surrendered bill of lading. So careful consideration must be made in regard to these decisions. The purpose of this paper is to avoid the disputes in advance in using the surrendered bill of lading by analyzing the precedents for the surrendered bill of lading and finding its notes. This paper analyzed the precedents regarding the surrendered bill of lading and found the notes as follows; Firstly, the surrendered bill of lading is not a kind of bill of lading but a practice that a consignee can take delivery of the cargo without loss of time at destination without redemption of original bill of lading. Secondly, the parties must take legal steps in using the surrendered bill of lading as the bill of lading acts cannot apply to the surrendered bill of lading. Thirdly, the parties should establish their practice in using the surrendered bill of lading. Fourthly, it is reasonable to use the sea waybill as a substitute for the surrendered bill of lading.

• Journal of Korea Port Economic Association
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• v.29 no.1
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• pp.47-66
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• 2013

This article reviews some problems arises from signing by the master bills of lading issued on time chartered ship. The underlying purpose of time charters is generally for the charterers to have the services of the vessel in order to engage in the business of carriage of goods by sea, a business which is likely to involve the issue of bills of lading to shippers. Charterer under the charter have a right to issue B/L, thereby the master must sign bill of lading as presented, but may not vary the contract. Bills of lading signed by, or on behalf of the master, impose contractual liabilities upon the shipowner. Charterer have no right to ask the master to sign a bill of lading in any way deviating from the charterparty. If the shipowner suffers loss as a result of the master obeying any order about employment or agency, he will be entitled to an indemnity from the charterer. The master may refuse to sign bills of lading which contain some discrepancy such as a false statement and manifestly inconsistent with the requirements of the charterparty.

• Korea Trade Review
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• v.48 no.4
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• pp.149-168
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• 2023

Through an examination and analysis of straight bills of lading and sea waybills in the context of English, U.S.A and Korean law, and relevant international conventions on maritime transport, the following results were obtained: Prior to the enactment of U.K.'s the Carriage of Goods by Sea Act in 1992, straight bills of lading had functional differences between countries. However, after the enactment of this law, negotiable bills of lading obtained the same legal status and functionality in both Korea and the United States, as well as in the UK. As for sea waybills, all three countries treated them with the same contractual and legal status. In other words, they serve as receipts for the transported goods and act as evidence of the maritime transportation contract. Nevertheless, they are non-negotiable, and the delivery of goods can be made to the consignee or their agent based on their identity. However, the transfer of ownership rights over the goods or acquisition of legal rights against the carrier cannot be achieved through the transfer or endorsement of Sea Waybills.

• Proceedings of the Korean Society of Computer Information Conference
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• 2017.01a
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• pp.89-92
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• 2017

공탁이란 채권자의 수령거절이나 수령불능 또는 채권자를 알 수 없는 등으로 변제를 할 수 없는 때에 변제자가 채권자를 위하여 변제의 목적물을 지방법원 공탁소에 임치함으로써 채무를 면하는 제도를 말한다. 또한 권리의 실현과정에서 다양한 기능을 하고 있는 법적제도이지만, 국민의 권리실현을 위한 채무자 보호입장에서 실질적으로 사적기관에 이임되는 경우가 많다. 특히 오랜 역사 속에서 발전되어 온 공탁제도는 처음에는 선의의 채무자를 보호하기 위한 제도로 출발하였으나, 현재는 권리구제적인 측면에서 제재나 보안수단으로 발전되어 온 것이 사실이다. 그러나 이 공탁제도가 시대상황을 잘 반영하여 운영하고 있지만, 공탁물의 범위에 있어서 외국화폐나 사법상의 재산권을 표창하는 증거증권은 그 범주에 들지 않는 문제점 등이 제기되고 있다. 따라서 본 연구에서는 외국의 입법례를 통하여 우리의 현행 민법 하에서 국민의 법 감정과 정서에 맞는 가장 바람직한 공탁제도의 방향을 제시하고자 한다.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.65
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• pp.71-94
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• 2015

The insurer's right to take legal proceedings in the name of the assured against a third party who has caused loss of or damage to the goods is of particular importance in marine cargo insurance under international trade transaction. The amounts recovered in subrogation actions, known in practice simply as recoveries, form a significant element in the balancing of the cargo insurer's underwriting account by improving ing the loss record. However, even if the carrier involved in the accident have a liability for damages, in some cases can not claim damages in accordance with the after clauses and carrier's exemption clauses indemnity carrier under the contract of carriage. In recent, the dispute cases to argue damages claim of the carrier in connection with business practices of surrender B/L, the claim is dismissed cases in accordance with the Arbitration Rules of the after clauses. In the future, the surrender B/L is continually to use as a marine transport method, it may also be interested in insurance subrogation of damages claims to insurance accident by a surrender B/L.

• Journal of Arbitration Studies
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• v.27 no.1
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• pp.183-203
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• 2017

Two solution approaches have been suggested globally to solve the crisis of bill of lading; that is to say, electronic bill of lading and sea waybill. Electronic bill of lading is not unsettled as a solution to solve the crisis of bill of lading but sea waybill is used on a global basis to do so. The surrendered bill of lading is applied for practical usage instead of sea waybill in a short voyage among Korea, China, and Japan, owing to faster delivery at destination and lower cost than bill of lading. To surrender the original bill of lading, the consignor should submit all originals with a request letter to the carrier of goods with necessary surrender charges, if any, in doing so. Once after receiving the original bills of lading consisting of normally three originals but in some cases five, the carrier stamped "Surrendered" on the front of original bills of lading and sent a message to his counterpart at the port of destination, stating that the original bill of lading surrendered at the port of shipment and the consignee can take delivery of the goods without production of the original bill of lading at destination. The legal regime of the surrendered bill of lading is not settled as it is not considered legally as bill of lading, and the decisions rendered by each nation's courts are different according to the usages of the surrendered bill of lading. The purpose of this paper is to prevent the disputes between parties with regard to the surrendered bill of lading by studying the causes and precautions of disputes in relation to the surrendered bill of lading.

• International Commerce and Information Review
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• v.10 no.2
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• pp.23-43
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• 2008

Requirement of facilitating electronic trade transactions and efforts to platform on the electronic trade in major countries are link to the interest of Bill of Lading, the major transportation document, to be electronic, namely interest in Electronic Bill of Lading. Regardless of the benefits from replacing paper based Bill of Lading to the electronic form, which are eliminating of the Crisis of Bill of Lading and cost saving of international trade community, it has not been successful so far. Among the three functions of Bill of Lading, evidence of contracts and receipt of goods can be easily transferable to the electronic form. However the most important function, Document of Title, became the hardest work to replicate in electronic form. The purpose of this paper is to clarify what kind of conditions shall be prepared to ensure the transfer of right and negotiability of the Electronic Bill of Lading and propose to ensure the use of electronic bill of lading and its transfer of right and negotiability in the era of the electronic transactions.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.17
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• pp.169-195
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• 2002

The main issue relating to electronic bill of lading is to develop the system in which can transfer the title to the goods by electronically, and to support effect of electronic transfer of title by law. BBL, electronic bill of lading being operated by bolero, provides technical devices to that purpose, but current law is not recognize the effect of transfer of title by electronic communication because BBL is different from paper bill of lading naturally. For that reason Bolero has resolved the problem by Rulebook which is multilateral agreement contracted between users and BAL. The Rulebook provides solution, so called, 'attornment' and 'novation'. So, The purpose of this study is to help in understanding BBL through comparison and analysis about the legal background of transfer of title by BBL based on 'attornment' and 'novation' with transfer of bill of lading based on a endorsement and delivery.

• Proceedings of the Korea Information Processing Society Conference
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• 2022.11a
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• pp.943-945
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• 2022

2030 세대의 주식시장 참여율은 갈수록 늘어나는 데에 반해 증권업의 높은 진입 장벽과 부족한 정보로 손실을 보는 경우가 적지 않다. 이러한 상황에서 정보의 주체인 개인이 본인 데이터에 대한 권리를 가지고, 본인이 원하는 방식으로 데이터를 관리하는 패러다임인 '마이데이터' 서비스가 최근 떠오르고 있다. 본 논문에서는 위의 문제를 해결하기 위하여 마이데이터를 토대로 특정 주식 종목과 유사한 종목들을 먼저 선별한 후 순수익이 높게 예측되는 종목을 최종 추천하는 모델을 제안한다.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.2
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• pp.177-199
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• 2015

Commerce enriches human life enriched and within commerce, transportation of cargo is arguably the most important in business transactions. Traditionally, marine transport has been major commercial transaction, but carriage cargo by air is on the increase. While the fare for freight in comparison with that of ocean is higher, air freight has many benefits that justify the higher shipping fee; lower insurance premium, packing charges, inventory control, cost management and especially speed. Therefore, air freight transport is accumulating gradually. An air waybill(AWB) is needed in the air transport flow. It is a nonnegotiable security, so the holder cannot transfer of a right to a third party. Some scholars suggest that a negotiable AWB is needed. However, it seems nearly impossible to do so; an e-AWB use shows a gain in numbers, even if it has not met expectations. Going forward, it would appear reasonable to conduct a follow-up study on the utility and legal problem for e-AWB. After sending goods, the consignor has the right of disposition of cargo in some cases, and more research is necessary, because it is related to change of ownership and a trade settlement. According to WATS (World Airlines Transport Statistics), the Korean Air took third place in international freight in 2014, and fifth in total, domestic and international to great acclaim. However, there is a lack of research supporting the business showing. It is hope that more studies on e-AWB, stoppage in transit, and a risk of outstanding amount, etc. connect to develop Korean air freight industry.