[국제무역결제] 화환신용장거래에 있어서 서류요건과 일치성에 관한 판례연구

A Case Study on the Documentary Requirements and Compliance of Documents in Documentary Credit Transaction

The letter of credit specifies the documents which the beneficiary has to tender to the advising bank in order to avail himself of the benefit of the credit. If the documents tendered by him, agree in every respect in accordance with the doctrine of strict compliance, no problem arises. But if they differ, a discrepancy of documents accUTS. Such a discrepancy raises difficult problems for the bank to which the documents are tendered. It has to decide whether to reject or accept them or to accept them under a protective mechanism. Therefore, I examined the case study of the requirements and compliance of documents in this article. The objectives of this paper are as follow: 1. To examine two views on document compliance such as strict compliance and substancial compliance. 2. To analyze Korean Case Law which decided the legal conclusions, standard for examination of documents and ISBP. 3. To draw out the criterion for confonnity and discrepancy of the documents and to provide the guidelines for determining the nature and extent of an issuing bank's duty of documentary compliance. 4. Finally to suggest some problems and implications through the Korean case law