화환신용장거래에서 상업송장의 적격성에 관한 사례연구

Abstract

In Documentary Credit transactions, a document checker examines data in a document against the credit, the document itself and International Standard Banking Practice and determines its correctness with principle of strict compliance and principle of substantial compliance. Documentary credit has been utilized as core part of the international trade with the purpose of ensuring that an importer acquires imported goods and an exporter avoids credit risks not collecting the price for exports beyond a means of simple payments. Therefore, in order to meet the basic understanding of the trading partners, nothing is more important than neutral document review of banks. UCP and ISBP, which are the basis for the document review, have been established and developed from the common law in the international trade. As regards document examination, the numerous disputes have been spawned by different perspectives and interpretations of those standards. The commercial invoice is the most important document among presented documents and fulfills functions of statement of performance and billing statement. It occupies 31% of the payment refusal in proportion to the importance of commercial invoice. Therefore, it is meaningful to look into the document examination standards from cases of ICC Banking Commission’s opinion. Thus, this study is designed to take a close look over disputes about commercial invoice between the parties and opinions given by ICC Banking Commission, classifying the clauses in UCP 600 and ISBP 745 into formal requirements of the title, the parties, sign and as description requirements of the goods specifications, INCOTERMS, amount. Ultimately, this study intends to contribute to established the coherent document examination standards and to prevent of disputes resulted from the discrepancies of the commercial invoice.