신용장거래에서 서류 사기 및 위조에 따른 예외원칙 적용에 관한 고찰

Exception Rule Relating to the Fraud and Forgery Documents in Letter of Credit

The Payment obligations of an Issuing bank to a benificiary are independent of the behavior of contract underlying the letter of credit There are some major risk such as fraudulent practices under the independent principle. Considering the judicial cases of courts the problems resulting from the application of commercial bank exemption. In case of parties faced in documentary credit transaction, because the fraud has been considered to be exception to be doctrine of the independence of the letter of credit. Lastly, different jurisdictions recognised different exceptions. This paper provide a legislative frameworkfor the exception and harmonize the international law in this area. This paper expect to give useful suggestions to trade an appreciation for exception rule in letter of credit.