신용장 거래에서 물품검사 조항의 악용유형과 대응방안 연구

A Study on the Types and Countermeasures of Soft Clauses in Relation to Goods Inspection in Letter of Credit Transactions

This paper intends to study the various kinds and countermeasures of soft clauses in relation to goods inspection in letter of credit transactions. There are four main kinds of soft clauses in relation to goods inspection in letter of credit transactions and these include the consistency between the signature of inspection certificates and the signature filed by an issuing bank, an issuing bank’s confirmation requirement on the signature of inspection certificates issued by an inspection company, the inspection certificates issued by buyers, and the determination on the payment depending on an issuing bank’s inspection result. There are five main kinds of countermeasures of soft clauses in relation to goods inspection in letter of credit transactions. They include the prudent writing of an international sales contract, the elimination and the amendment of soft clauses in relation to goods inspection in a letter of credit, the thorough credit check, and the acquisition of qualified inspection certificates.