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A Study on the Problems of the Korean Law for using electronic bills of lading
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전자선하증권의 실용을 위한 국내법의 문제에 관한 연구

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Type
Academic journal
Author
Byung-Soo Ahn (서울디지털대학교)
Journal
Global e-Business Association The e-Business Studies Vol.10 No.5 KCI Accredited Journals
Published
2009.12
Pages
53 - 73 (21page)

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A Study on the Problems of the Korean Law for using electronic bills of lading
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Abstract· Keywords

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In August 1998, the Korean Commercial Act which legislates the electronic bills of lading, were enforced. Korea’s legislation for using electronic bills of lading followed Australia and US.
Historically, bills of lading were recognized by the legislation and customs as a document of title which revealed the right to the goods shipped for carriage. In the mid-1980’s, adopting information and communication technology started in international trade. Paper documents, except bill of lading, transformed into standardized electronic messages.
Recognition of electronic bills of lading by customs needs more time than legislation. It is the reason to legislation in Australia, US and Korea. However, the Presidential Decree for enforcing the Commercial Act regulated that the duty using the digital signature authorized by Korean government for issuing and transferring electronic bills of lading. This duty obstruct the circulation of electronic bills of lading to overseas parties. This author insists that digital signature unauthorized by Korean government should be allowed for circulation of electronic bills of lading. The Presidential Decree should be amended as above mentioned.
#공인전자서명 #전자선하증권 #전자무역 #Electronic Bills of lading #Paperless Trade #e-Trade #Korean Commercial Act

Contents

초록
I. 서론
II. 전자선하증권 관련 법규 현황 검토
III. 전자선하증권 실용상의 법적 문제점 도출
IV. 대안의 제시
V. 요약 및 결론
참고문헌
ABSTRACT

References (35)

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1. [학술지(정기간행물)] - 姜善俊 / 2006 / 볼레로型 電子船荷證券의 導入에 關한 硏究 / 상사법연구 25 (1) : 77 ~ 121 google schola 2. [학술지(정기간행물)] - 강선준 / 2005 / 電子船荷證券特別法律의 制定에 關한 硏究 / 상사판례연구 18 (4) : 237 ~ 270 dbpia 3. [학술지(정기간행물)] - 權載烈 / 2003 / 볼레로型 電子船荷證券에 관한 法的 硏究 / 상사법연구 21 (4) : 9 ~ 323 google schola 4. [학술지(정기간행물)] - 김인현 / 2000 / 디지털 경제와 상사법 / 디지털 시대의 해상법-볼레로 전자선하증권을 중심으로- / 상사법연구 19 (2) google schola 5. [학술지(정기간행물)] - 김효신 / 2007 / 전자선하증권도입에 따른 법적 과제 / 상사법연구 26 (2) : 343 ~ 364 google schola

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