전자서류의 원본성에 대한 UCP 및 eUCP의 규정ㆍ판례에 관한 연구

A Study on Provisions and Precedents about Original Electronic Documents in UCP and eUCP

A letter of credit is the best settlement among various means of payments until now. A letter of credit plays very important roles in rational and smooth international trade. Letter of credit is usually used in international trade. But many people have to prepare a lot of transport documents in order to transact with L/C. Therefore, the transactions will be happened to delay in international trade very often. Owing to the EDI, international trade will be materialized with electronic business of E-commerce. If we transact with the electronic documents, it will be reduced the time very much in international trade. Generally speaking, all relating parties transact with L/C complying with UCP, but there are no ruling articles about electronic documents in UCP. If all parties want to transact with electronic documents in global business, UCP has to contain the electronic provisions. So, ICC published eUCP on 2002. The purpose of the study was to analyze original electronic papers and provisions through foreign precedents in UCP and eUCP. If we want to exchange the electronic document, the UCP provisions about electronic documents would be revised as follows: UCP provision 20(b) would be revised, “Unless otherwise stipulated in the credit, banks have to accept as an original documents, a documents produced or appearing to have been produced: (ⅰ)by reprographic, automated or computerized systems (ⅱ)as carbon copies,; provided that it is marked as original and, where necessary, appears to be signed. A document may be signed by handwriting, by facsimile signature, by perforated signature by symbol, or by any other mechanical or electronic method of authentication.”