신용장거래에서 사기청구에 대한 관계은행의 판단과 그 구제에 관한 연구

A Study on the Relative Bank's Judgement and the Remedy against the Fraudulent Demand under a Letter of Credit System

Bank's Letter of Credit Systems uphold the independence principle with a great degree of sanctity. However, the bank can refuse to honor if there is evidence of fraud or forgery in accordance with the fraud exception. The essence of the exception is that the bank can either avoid payment, or can be prevented from making payment, if the presented documents are clear frauds. This exception is available both as a defence which can be employed by a bank to avoid claims for payment, or as an injunction obtained by a party. Therefore, It is very important for the issuing bank to make accurate and quick judgements, and to take proper and quick actions from mere allegation of fraud for the solutions of the problems. This Study is to review the directions for the procedural actions of the banks and to look into the remedies and the practical notes. For this purpose, First, this study will be examined the relative regulations for the fraud exception both domestic and overseas. Second, this study will be checked the practical procedures and the issues. This study will be based on documentary research and case law from relevant cases will be examined.