컨테이너 적입조건의 오용문제와 Incoterms 2020® FCA 규칙의 실무상 유의점에 대한 연구

Abstract

Purpose The purpose of this study is to examine the feasibility of settlement of a letter of credit when a shipped bill of lading is issued under the FCA rules of Incoterms 2020. Design/Methodology/Approach We reviewed the FCA rules of Incoterms 2020 and the relevant regulations of the Uniform Customs and Practice for Documentary Credits to examine the purpose of the study and the validity of payment of L/C. Findings In the FCA rules, there may be a difference between the point at which the goods are delivered by the carrier and the point at which the goods are loaded on board. Under such circumstances, if payment is made with a letter of credit, the bank will not purchase it because the bill of lading with the date of shipment cannot be issued. So, if you want to avoid this problem, it would be better not to choose to pay by letter of credit in the FCA rules. If you want to pay by L/C, it makes sense to use the FOB rules. Research Implications When using the FCA rules, it is necessary to pay attention to the choice of payment method. If using a letter of credit, it is recommended to shorten the distance between the container terminal and the port. However, the reality is insufficient because the circumstances are different from country to country. A viable alternative needs to unify the carrier’s responsibility system.