한국 상법 전자선화증권 모델의 평가

A Study on the Evaluation of Electronic Bill of Lading Model under the Korean Commercial Law

Bill of Lading, as one of the important shipping documents in international trade, has been executing indispensable functions especially in credit transactions and has important functions. However, the Bill of Lading in international trade between the parties using the document is causing the inconvenience and costs. The reason stems from a situation which does not meet the condition of the basic premise for using the Bill of Lading, and Bill of Lading was used with a premise of arriving at the original destination before the goods. Maritime Law, which is part 5 of the Korean Commercial Law is amended and being implemented since August 3, 2007. Maritime transport-related legal system is overhauled to match the international trade practice and the systems such as Electronic Bill of Lading and sea waybill, which are adopted as important shipping documents in electronic trading, are introduced as appropriate system for new international trade environment. The purpose of this paper is to enhance the understanding of rules for enforcing the regulations of Electronic Bill of Lading in Korean Commercial Law by examining the regulations of Electronic Bill of Lading in revised commercial law of year 2007 and the rules of enforcing the regulations of Electronic Bill of Lading in Commercial Law, which are legislature predicted to be enforced in August of 2008, and by making a suggestion on related issues.