국제무역거래에서 전자해상화물보험증권의 양도에 관한 연구

Abstract

Purpose – The purpose of this study was to examine the assignment of electronic marine cargo insurance policy in international trade transactions with the MSC SA v. Glencore International AG. Design/methodology/approach– This study mainly focuses on literature review for the assignment regarding electronic marine cargo insurance policy in international trade transactions. Findings– In this study, as a part of the review for the practical use, the rules on the assignment of insurance policies on the blockchain will be examined, and the structural requirements required on the system will be analyzed. It also discusses recent UK law precedents relating to events in trade systems using new electronic technologies, and discusses issues related to the data formation of insurance policies through trial issues. Research implications or Originality– In Mediterranean Shipping Company SA v. Glencore International AG, the dispute between the claimant and the defendant arose when two out of three containers containing cobalt briquettes carried by MSC had gone missing. The carrier, MSC, did not issue paper delivery orders or release notes against bills of lading, but “import PIN codes”. If a carrier does wish to make use of the ERS, as opposed to the traditional paper-based system, it would be advisable to ensure that sufficient provision is made for the use of release notes and electronic PINs within the terms of the bills of lading.