신용장거래에 있어서 중국의 사기예외규정의 적용에 관한 연구

A Study on Application of China s L/C Fraud Exception Rules -Focused on SPC s Judicial Interpretation in China-

The purpose of this study is to examine the Supreme People s Court s(SPC) Judicial Interpretation for Letter of Credit fraud in China. The SPC provisions for Letter of Credit are important and valuable for the courts in China to deal with Letter of Credit transaction cases. The SPC s Judicial Interpretation provides Letter of Credit fraud exception and this was analyzed by examining the substantial rules. In addition, some court cases were examined and evaluated based on the Judicial Interpretation. Several problems were identified upon examination of the rules and court cases such as third-party fraud, standard of proof of L/C fraud and evaluation of irreparable damage when determining whether to issue a stop-payment order or not. Thus, the SPC should provide clear guidance like standard of proof of L/C fraud. From this study, information on SPC s Judicial Interpretation and issues would be practically useful for Korean traders.