電子式 船荷證券에 관한 연구

Abstract

After the middle of 20TH century, Electronic commerce is now becoming prevalent rapidly. And the development of transport techniques and environmental changes in international trade has caused many problems concerning the use of traditional Bills of Lading.

In particular, modern and efficient methods of transportation have in effect become commodity services in most parts of the developed world as a result of the introduction of the container in the 1960's due to as above situation one of transport documents of Bills of Lading face with crisis in the international trade.

So, Traditional Bills of Lading has tended to become an obstacle to the development of trade and in the end restricting the expeditious flow of goods for solve Bills of Lading's crisis international trade.

Therefore, Today's Bills of Lading is requested its change.

The one aspect is the crisis of Bills of Lading, one of the most important documents and the typical systems, which is produced for commercial products. Bills of Lading plays an important role as currency trades and a indispensable document in international trading, it is working as a receipt of the goods, as a document of title, and as a evidence of contract, therefore the consignee of goods must introduce a Bill of Lading to accept the goods, but the current situation in international trade, the goods arrived at their destination before Bills of Lading, because of transport technology development which represented by the development of containerization and the turn up of the fast container ship.

The flow of goods was more faster by two progresses of technology, but the flow of Bills of Lading was not developed and passed through the bank to examine the document in letter of credit transactions.

The other aspect is the rapid introduction of Electronic data interchange(EDI) system. Today, as electronic data interchange system comes into a wide use, international trade which has been traditionally carried out with documents is gradually being transformed into a paperless transaction.

The Bills of Lading can also be issued electronically, it can therefore be easily expected that, by the introduction of EDI system, the paper Bills of Lading will soon disappear in practice and the efficiency in international transaction be promoted. The use of EDI is more effective, cheaper and more rapid than paper document system. Thus the environment of trade was changed by EDI.

However, Other trade documents can be replaced by EDI messages without problem, but the Bills of Lading has several impediments in converting EDI message. Because Bills of Lading is a document of title, therefore Electronic Bills of Lading has to prove the right.

To encourage the use of Electronic Bills of Lading , CMI Uniform Rules for the Electronic Bills of Lading was enacted in 1990 and other related international rules were revised to in corporate the use of Electronic Bills of Lading. Despite there international efforts to promote the use of Electronic Bills of Lading, the actual utilization in practice has been very minimal, due to various problems and limitations.

In order to proliferation of Electronic Bills of Lading, legal confirmation is needed. That is to say Electronic Bills of Lading must has the same legal status as the existing Bills of Lading in the aspect of international regulations. But current situation, Electronic Bills of Lading is not a new form of Bills of Lading a kind of contract which governs carriage of goods by sea.

The legal problems of Electronic Bills of Lading are evidential issue of EDI such as request of writing, authentication, electronic signature, and contractual issue of EDI transactions, liability issues of the parties.

Even though Bolero(Bills of Lading Electronic Registry Organization) international developed the Bolero style Bills of Lading among some of europe countries and shipping companies, it couldn't settle above problems in Electronic Bills of Lading.

Despite the fact that paper transactions have gradually been transformed into EDI system, it may not be possible that the paper Bills of Lading will fully be substituted by electronic one owing to the inherent nature of Bills of Lading as being the document of title.

For the full utilization of Electronic Bills of Lading, therefore this study brings focus to the solution of Bills of Lading crisis and looks into the legal problems and seeks new legislation about Electronic Bills of Lading.