해상수입화물 보증도(保證渡)의 국내관행에 관한 사례의 비교연구

The Case Study of Local Customs in the Delivery of Imported Ocean Cargo using the Letter of Guarantee issued by Banks

In the Letter of Credit’s Transaction requesting an Ocean Bill of Lading, the importer generally wants to take the delivery from the shipping company prior to receiving the original B/L. When this is the case, it is a rule that the importer must get a Letter of Guarantee (L/G) from the Issuing Bank and present it to the shipping company. The Issuing Bank is a consignee of the B/L. If the importers want to take the L/G from the issuing bank, the importers are responsible for paying the proceeds imported to the Issuing Bank. However, there are many cases in which after presenting a forged L/G, the importers would take the goods from the shipping company. As a result, the importers would be bankrupt having not paying the proceeds to the bank. The Issuing Bank would also lose their rights to take goods from the shipping company though previously presented with an original B/L to the ocean carrier. The question at hand is should the shipping company release the cargo only to the original holder of the B/L or, release the cargo to the holder of the L/G by the Issuing Bank even though it may be an unlawful act? Therefore in this article, I would like to investigate the following issues: the domestic customs of delivery of cargo by the L/G of the bank, and further study the problems that arise as a result of these measures. In addition, I would like to present the means of improvement for this system.