• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.43
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• pp.169-198
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• 2009

This paper sees some legal phases of the forfaiting transactions performed by using bills of exchange (drafts) or promissory notes. It focuses on the issues of the endorsement without recourse and the aval under the Korean statute for such negotiable instruments which is enacted by succeeding to the Convention Providing a Uniform Law For Bills of Exchange and Promissory Notes (Geneva, 1930) of the League of Nations. This paper purposes to give basic legal guides for forfaiting participants in order for them to be able to prevent and solve some problems caused by lack of understanding for relevant rules of law. Forfaiting is a useful technic as it provides financing for international export businesses by enabling forfaiters to discount future payment obligations on non-recourse basis. It gives benefits to exporters by removing political, transfer and commercial risks of importers or their country. Also it protects exporters from the risks of the increase of interest rates and the fluctuation of exchange rate as well. In traditionally normal forfaiting transactions, exporter of goods generally takes promissory notes or accepted drafts from importers in payment for the price of goods. Further, when the exporter is not comfortable with the importer's credit or is not confident whether the importer will pay the accepted drafts or the promissory notes as they come due, the exporter nomally requires the importer to make the importer's bank (avalizer or guarantor) add an aval, which is made by the written expression of intention, the words of "per aval", and the guarantor's signature on the drafts or promissory notes. The exporter endorses without recourse to transfer the drafts or the promissory notes to the forfaiter, typically a bank, who purchases the drafts or the promissory notes without recourse.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.52
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• pp.25-44
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• 2011

Possibility of credit risk, foreign exchange risk and interest rate risk of exporter increases in the recent international Commercial transactions, due to financial crisis of Europe and liberalization of Middle East. Under this circumstance, Forfaiting is trade finance that forfaiter purchase negotiable debt instrument without recourse from exporter, which occurred related with international commercial transactions, and credit risk, contingency risk, foreign exchange risk and interest rate risk of exporter can be transferred to forfaiter. Forfaiting is typically medium-term finance(three to five years) concluded at fixed interest rate, although it can also arranged on a floating interest-bearing basis for periods from six months to ten years or more. But Forfaiting service of Korea has limitation as follows. First, forfaiting in Korea deals with unrestricted irrevocable documentary credit as debt instruments. Period that forfaiting is provided is short and amount of money is limited, compared with advanced forfaiting. But forfaiting provided in advanced countries deals with various methods such as guarantee for bill, payment guarantee, and can be resold in financial market. Recently importance of forfaiting is increasing in international commercial transactions. Therefore profound study on forfaiting is required. The study will examine the risk that happens to the concerned parties in forfaiting, and its management measures. The study adopted literature review method such as local and foreign books and papers about trade finance, internet information about forfaiting, and professional journal related with international finance.

• Korea Trade Review
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• v.44 no.5
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• pp.93-106
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• 2019

The purpose of the study is to investigate whether monetary and non-monetary incentives paid to exporters influence the level of compliance and tendency to behave opportunistically. As one of the most common ways to export one's products overseas is to establish relationships with foreign agents, numerous research has aimed to identify types of incentives to motivate foreign agents to bring the most efficient outcomes. Stemming from previous studies, this research hypothesizes that the type of incentives affects exporter's level of compliance, and tendency to act opportunistically which determine the level of exporter's satisfaction on foreign agency role performance. Data was collected from 196 Korean exporters, and the findings suggest that exporters should actively engage in providing non-monetary incentives to their agents to motivate importers to comply with exporter's rules. Conversely, agents tend to act more opportunistically when they receive monetary incentives only. These phenomena lead to the conclusions that the satisfaction level of foreign agency role performance is improved when non-monetary incentives are actively in place, and at the same time, foreign agent's level of compliance and opportunism play mediating roles.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.77
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• pp.239-258
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• 2018

The purpose of this study is to examine the legal standards of agreements on the origin of liability and the relevant laws in Korea, to suggest implications for custom authorities and traders wishing to benefit from preferential tariff via FTA, citing the excluded cases of related FTA preferences (court cases and administrative judgments). In order to examine the provisions related to supporting evidence of the origin of liability in FTA, we examined FTAs agreed between Korea and EU, EFTA, ASEAN, U.S., and India relevant to FTA Special Customs Act, court cases and administrative judgements. If verifying the origin to protect the fair trade order impedes to promote utilizing FTA, solutions will need to be suggested. If FTA preference is exempted due to verifying the origin by the import customs authorities, the importer shall pay the income tax calculated in accordance with the general tax rate. This is because the certificate of origin confirmed during verification process is different from the actual origin. In most agreements, the exporter (the producer) shall issue the certificate of origin and since the importer has no other option than obtaining the certificate of origin from the exporter, it may face consequences such as declined credibility from the custom authorities in addition to being disqualified for FTA preferential, if the certificate of origin received from the exporter has flaws. On the other hand, the exporter cannot help but being punished by the customs authorities due to issuing defective origin certificates, but it doesn't have conventionary liabilities for damages incurred to the importer. As a result, importers are forced to pursue legal proceedings to claim damages to exporters or to give up FTA preference. As FTA is increasingly utilized, the number and amount of origin verification in Korea has continuously been increasing while administrative judgements indicates other FTA exporters doesn't seem to gain any support in utilizing FTA like Korea does. It has been 8 years since full-scale supports in FTA launched and now is the time to introduce more efficient and intensive FTA support system In this regard, it is desirable to conduct comprehensive verification on export Next, an institutions that assures FTA-based exports should be established in order to compensate the importer's damages that may occur from disqualified certificate of origin issued by the exporter.

• International Commerce and Information Review
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• v.10 no.4
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• pp.553-577
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• 2008

Various export supporting systems of Korean government have affected Korean economy to be 13th in the world and over US$ seven hundred trillion in terms of the volume. Especially, export insurance system use to cover the commercial risks of Korean exporter. That is why Korean exporter have been able to do their best in exporting and expand overseas market actively. On the other hand, China who use to drive strong export expansion policy after joining WTO, have also very focused on export insurance system and developed its applicable items. From the point of view above, It is very meaningful study to compare the export insurance system between Korea and China. It is suggested that government funds for export insurance should be raised to give exporters more benefits. New kinds of export insurance items, also, should be developed to actively face international trade environment change.

• Korean Journal of Agricultural Science
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• v.39 no.2
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• pp.307-313
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• 2012

The purpose of this study is to provide basic information on exporter's coordination methods from the attitude of agro-food exporters. The implications are; Firstly, most of exporters believe that the agro-food export raises farmer's competitiveness rather than it does the farmhouse's income increase. Secondly, The stabilization of the farm-gain income by exporting agricultural products are most important in order to reinforce the cohesion between farmers and exporters. Thirdly, the exporters intend to participate in establishing and operating a large-scale producers' organization and marketing company under export polices. So, it is necessary that the government drive to coordinate the exporters and producers.

• International Commerce and Information Review
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• v.18 no.2
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• pp.107-127
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• 2016

There has not been enough distribution of documentary evidence of origin at the stage of domestic transaction yet due to the exporter bias of interest in utilizing FTA and shortage of attracting their issues, etc. although about more ten years has passed since Korea-Chile FTA was running. Furthermore, in case of issued and distributed documentary evidence of origin, the accuracy was doubt, so it contains various problems like errors in the certificate of origin issued by the final exporter. Accordingly, this study was to find out the limitations of 'declaration of origin third party confirmation system' operated in order to solve problems of lacking the management ability of origin place of the domestic supplier and improve the accuracy of certificate of origin (comprehensive), and to investigate a method of improvement. To achieve this, this study was to suggest the institutional complementary plans for distribution activation and error prevention on the declaration of origin and introduction plan of loss prevention plan due to the errors in the certificate of origin that the final exporter did not intend in the domestic areas in order to support the use of FTA smoothly for our enterprises.

• Journal of Arbitration Studies
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• v.19 no.1
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• pp.147-169
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• 2009

This paper deals with disputes incurred from the CISG provisions in relation with the conformity of goods with a view to finding the general way of approach made by the court and arbitration tribunal in the case laws for the interpretation of CISG based on 6(six) cases thereon. Throughout this study, it has been noted that the German Supreme Court devoted most in creating the general principle of CISG interpretation in relation with national compulsory law of regulation applicable on the conformity of goods. It was New Zealand mussels case in which the German supreme court decided that the exporting country's compulsory law of regulation would be applied in determining the conformity of goods. Furthermore, German supreme court added that CISG does not place an obligation on the exporter to supply goods, which conform to all statutory or other public provisions in force in the import state unless the same provisions exist in the export State as well, or the importer informed the exporter about such provisions existing in the import state, or the exporter had knowledge of the provisions due to special circumstances. It is stipulated in CISG that the goods conform with contract if they are fit for the purpose for which goods of the same description would ordinarily be used. When questions arise concerning matters governed by the CISG that are not expressly defined in the CISG, the question is to be settled in conformity with general principles on which the convention is based. Only when such a general principle cannot be found may the tribunal turn to other sources such as UNIDROIT Principles, Principles of European Contract Law and Lex Mercatoria, etc. Interpretation of CISG should be autonomous, in the sense that it should not depend on principles and concepts derived from any national legal system. Even where a CISG rule is directly inspired by domestic law, the court should not fall back on its domestic law, but interpret the rule by reference to the CISG with a view to its international character and to the need to promote uniformity in its application and the observance of good faith in international trade.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.49
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• pp.89-109
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• 2011

Among various export financing, forfaitng and factoring give a comfort to exporters as those special financing schemes are extended to them on a without recourse basis. This is good for the exporters in terms of financing and risk cover of buyer or LC issuing banks. To enjoy this benefit, the SME exporters should, however, know the risks involved in sales contract. For example, if the export and importer set Korean law as governing law in the sales contract especially for open account exports, the exporter's receivables might be not welcome by factors according to provisions of Korean Conflict Law and it's application. Those regulations tell that the factor's position would be unstable when the sales contact limit exporter's assignment of receivables to the factor when the sales contract is subject to Korean law. Also the exporters should know related regulation of importer which might affect the assignment of receivables as well. This paper suggests the Korean exporters take internationally recognized agreement/convention such as UNI|DROIT Convention on International Factoring, UN Convention on the Assignment of Receivables in International Trade.

• International Commerce and Information Review
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• v.9 no.1
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• pp.149-168
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• 2007

e-Trade Payment system has been transformed by quickly and effectively. The e-trade Payment system such as TradeCard System, Bolero Surf, Identrus Eleanor and e-Escrow and e-letter of Credit issued by SWIFT System enable partly sellers, buyers and service providers. This paper studies for SWIFT, Surf, TradeCard, Eleanor, e-Escrow as international trade payment, As reason following : The First, Bolero is a neutral secure platform enabling paperless trading between exporter, importer, and their logistics service and bank partners, insurance company. The Second, TradeCard is to manage procurement-to-payment worldwide, that is exporter, importer and connected partners, paperless platform. The Third, Identrus is the global leader in trusted identity solutions, recognized by global financial institutions, commercial organizations and bank partners around the world. The Forth, Escrow payment have effect to L/C issue and enter into electronic contracts in internet bank. Trader practice use Escrow Bank as the same bank that rules to Issuing Bank and Advising Bank and payment, acceptance. This paper of these electronic payment have studies new international trade payment to approach such as eUCP rules and TradeCard System, Surf of bolero, eleanor of Identrus, SWIFT.