화환신용장통일규칙에서 전자서류에 대한 규정의 삽입 필요성과 방안

A Study on Necessity and Device for Inserting the Provisions of Electronic Documents in UCP

A letter of credit is the best settlement among various means of payments until now. A letter of credit plays very important roles in rationaJ and smooth internationaJ 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 Lie. Therefore, the transactions will be happened to delay in internationaJ trade very often. Owing to the EDI, internationaJ trade will be materialized with electronic business of E -commerce. If we transact with the electronic documents, it wjJJ be reduced the time very much in intemationaJ trade. Generally speak;ng, aJl relating parties transact with LlC complying with vcr, but there are no ruling articles about electronic documents in vcr. If all parties want to transact with electronic documents in globaJ business, vcr has to contain the electronic provisions. The purpose of the study was to anaJyze necessjty and device for inserting the provisions of electronic documents in UCP. Necessity and device for inserting the IX"Ovisions of electronic documents through all cases existed and conventional UCP provisions. The UCP provisions about electronic documents would be revised as follows: (I) UCP provision 13(a) wou)d be revised, 'Banks must examine all documents stipulated in the Credit with reasonable care, to ascertain whether or not they appear, on their face anctlor on their screen and/or on their data contents, to be in compliances with the tenns and conditions of the credit. Ccmpliance of the stipulated documents on their face with the tenns and conditions of the credit, shall be detennined by international standard banking practice as reflected in these Articles. Documents which appear on their face to be inconsistent with one another will be considered as not appearing on their face to be in compliance with the terms and conditions of the credit." (2) UCP provision 2O(b) would be revised, 'Unless otherwise stipulated in the credit, banks have to accept as an original documents, a documents produced or awearing 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."