전자신용장상 전자기록의 제시에 관한 고찰

A Study on Electronic Presentation of eUCP Credit

With the development of an internet, the international trade can be made via internet and other trade related businesses can electronically be achieved. This new type of trade is called electronic trade. The electronic trade is expected to dominate the international trade in the 21st century. Therefore, ICC's Banking Commission established a working group consisting of expects in the related fields to prepare the appropriate rules as a supplement to the UCP. The result is the new supplement to Uniform Customs and Practice for Documentary Credits Publication No.500 for electronic presentation ― eUCP. This eUCP was approved by the ICC in end December 2001 and come into force on April 1, 2002. The eUCP will provide the necessary rules for the presentation of the electronic records equivalents of paper documents under UCP. The 12 articles of the eUCP cover a range of issues including the scope of the eUCP, format, presentation, examination, notice of refusal, original and copies, date of issuance, transport, corruption of an electronic record after presentation and additional disclaimer of liability for presentation of electronic records under UCP. The purpose of this study is review and analyze the major issues for presentationof electronic record under eUCP credit. In accordance with analysis, An eUCP credit allowing presentation of: ⅰ) electronic records must state a place for presentation of the electronic records. ⅱ)both electronic records and paper documents must also state a place for presentation of the paper documents. Each presentation of an electronic record and the presentation of paper documents under an eUCP credit must identify the eUCP credit under which it is presented. An electronic record that cannot be authenticated is deemed not to have been presented.