서류심사기준과 불일치서류의 통지관행의 변화요인과 시사점

Some Implications and Changes on Standard for Examination of Documents and Notices of Discrepant Documents

  Many shortcomings of the Uniform Customs and Practice for Documentary Credits(1993 revision) have surfaced during the last 10 years. This paper deals with some implications and changes on standard for examination of documents and notices of discrepant documents by comparison reformed UCP 600 and UCP 500. The main areas considered are 1) the standard for examination of documents of Article 14 which is much broader than Article 13(UCP 500), 2) complying presentations(Article 15), 3) the notices of discrepant documents(Article 16). And also several implications and changed contents under the new UCP can be summarized the following topical headings ; 1) to delete "reasonable time" and "reasonable care", 2) to introduce three requirement of complying presentation, 3) to stipulate the 5-days limit for presentation, 4) to reduce a maximum 5 days from reasonable time up to a maximum 7 days, 5) to reflect doctrine of substantial compliance in some articles, 6) to accept functional fulfillment of the required document, 7) to reform the notices of discrepant documents.