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Chapter 1
국제상무 일반론
제1절 국제상무의 개념 / 15
제2절 국제상무의 특성 / 16
제3절 무역관련 국제상관습 및 법규 / 16
Chapter 2
무역업의 창업과 해외시장조사
제1절 무역업의 창업 / 21
1 사업자등록 신청································································································ 22
2 무역업고유번호 신청························································································· 22
3 무역업의 유형··································································································· 23
제2절 해외시장조사 / 28
1 해외시장조사····································································································· 28
2 거래처의 발굴과 신용조회················································································· 30
Chapter 3
Incoterms?2020
제1절 INCOTERMS의 적용범위 / 39
1 INCOTERMS의 목적과 범위············································································· 39
2 INCOTERMS?2020의 주요 개정 내용····························································· 40
3 INCOTERMS? 2020의 구조············································································ 43
제2절 Incoterms?2020의 규칙들 / 44
1 RULES FOR ANY MODE OR MODES OF TRANSPORT····························· 44
2 RULES FOR SEA AND INLAND WATERWAY TRANSPORT ······················ 70
Chapter 4
국제무역계약
제1절 국제무역계약의 체결 / 85
1 무역계약의 의의································································································ 85
2 국제무역계약의 법적 성격················································································· 88
3 국제무역계약의 대상························································································· 90
제2절 국제무역계약의 원칙 / 91
1 계약자유의 원칙································································································ 91
2 신의성실의 원칙과 금반언의 원칙····································································· 92
3 과실책임의 원칙································································································ 93
제3절 국제무역계약의 성립 / 94
1 무역계약의 체결과정························································································· 94
2 계약체결의 구성요소························································································· 94
3 청약·················································································································· 96
4 승낙················································································································ 105
제4절 국제무역계약의 이행 / 111
1 물품의 인도······································································································ 111
2 소유권의 이전·································································································· 112
제5절 국제무역계약의 위반과 구제 / 117
1 계약위반의 의의······························································································· 117
2 계약위반과 계약해제의 사유············································································ 117
3 계약위반에 대한 매매당사자의 구제································································ 119
4 프러스트레이션에 의한 해제············································································ 123
Chapter 5
국제상거래계약의 기본조건과 계약서
제1절 거래조건에 관한 협정 / 127
1 무역계약조건의 구성························································································ 127
2 계약기본조건··································································································· 127
제2절 계약물품에 관한 기본조건 / 133
1 품질조건·········································································································· 133
2 수량조건·········································································································· 138
3 가격조건·········································································································· 141
4 포장조건·········································································································· 148
5 선적조건·········································································································· 152
6 대금결제조건··································································································· 156
7 보험조건·········································································································· 161
제3절 분쟁해결을 위한 조건 / 162
1 클레임조항······································································································· 163
2 권리침해조항··································································································· 163
3 완전합의조항··································································································· 164
4 불가항력조항··································································································· 164
5 이행곤란조항··································································································· 165
6 중재조항·········································································································· 166
7 재판관할조항··································································································· 167
8 준거법조항 ····································································································· 168
Chapter 6
국제상거래법의 통일화와 당사자의 의무
제1절 국제상거래법의 통일화 / 173
1 국제상거래법 통일화의 필요성········································································· 173
2 국제상거래법 통일화의 과정············································································ 174
3 CISG의 체계와 특징······················································································· 176
4 CISG의 적용범위···························································································· 179
제2절 매도인의 의무 / 180
1 물품의 인도····································································································· 181
2 계약에 적합한 물품제공·················································································· 188
3 서류의 제공····································································································· 196
4 위험의 이전····································································································· 198
제3절 매수인의 의무 / 201
1 대금의 지급····································································································· 202
2 물품의 수령···································································································· 206
3 물품의 검사···································································································· 208
4 물품의 하자통지······························································································ 210
Chapter 7
신용장과 무역결제
제1절 신용장 / 215
1 신용장의 의의·································································································· 215
2 신용장의 종류································································································· 234
3 유사 신용장···································································································· 240
4 하자서류의 매입······························································································ 241
제2절 주요 무역결제 방식 / 244
1 신용장방식에 의한 수출환어음의 매입····························································· 244
2 신용장방식에 의한 수입환어음의 결제····························································· 261
3 D/PㆍD/A 방식에 의한 대금결제··································································· 267
4 송금환방식에 의한 대금결제··········································································· 273
제2절 특수 결제 방식 / 275
1 국제팩토링······································································································· 275
2 포페이팅(Forfaiting) ······················································································ 278
3 The Trade Card System ·············································································· 280
Chapter 8
통관과 관세
1 관세의 의의····································································································· 285
2 관세법의 성격································································································· 287
3 관세법의 해석과 적용원칙··············································································· 287
4 용어의 정의···································································································· 287
5 관세법의 해석과 적용······················································································ 291
6 관세의 부과와 징수························································································· 294
Chapter 9
국제물품운송
제1절 해상운송 / 305
1 해상운송의 의의······························································································ 305
2 해상운송의 형태······························································································ 306
3 해상운송계약··································································································· 308
4 해운동맹과 해상운임······················································································· 312
5 해상운송관련 국제법규···················································································· 318
제2절 컨테이너운송 / 323
1 컨테이너의 의의······························································································ 323
2 컨테이너운송의 필요성과 장ㆍ단점································································· 324
3 컨테이너화물의 유통경로와 운송형태······························································ 326
4 컨테이너와 컨테이너선의 종류········································································ 328
5 컨테이너 터미널의 구조·················································································· 332
6 컨테이너 화물의 운송 절차············································································· 334
7 컨테이너운송에 관련된 국제조약····································································· 334
제3절 국제복합운송 / 336
1 복합운송의 개념······························································································ 336
2 복합운송의 주요 경로····················································································· 337
3 복합운송에 관련된 국제법규··········································································· 340
4 복합운송인의 책임체계···················································································· 343
제4절 항공운송 / 345
1 항공운송의 의의······························································································ 345
2 항공화물의 운송절차······················································································· 346
3 국제항공화물의 운송업자················································································ 346
4 항공화물운임의 종류······················································································· 347
5 항공운송에 관한 국제조약··············································································· 349
제5절 철도 및 도로운송 / 350
1 국제철도운송의 의의······················································································· 350
2 국제철도운송조약···························································································· 350
3 국제도로운송의 의의······················································································· 351
4 국제도로운송조약···························································································· 352
Chapter 10
적화보험과 무역보험
제1절 해상보험의 개념 / 357
1 해상보험의 의의······························································································ 357
2 해상보험의 당사자·························································································· 358
3 해상보험의 기본원칙······················································································· 360
4 보험가액과 보험금액······················································································· 363
5 피보험이익······································································································ 365
제2절 해상위험과 해상손해 / 369
1 해상위험·········································································································· 369
2 해상손해········································································································· 370
제3절 협회적화약관 / 377
1 협회적화약관의 개념························································································ 377
2 신협회적화약관에 의한 보상범위····································································· 378
제4절 적화보험의 부보 / 387
1 적화보험계약의 체결······················································································· 387
2 적화보험조건의 선택방법················································································ 388
3 해상적화보험료의 산출···················································································· 390
제5절 무역보험 / 393
1 무역보험의 개념······························································································ 393
2 무역보험제도의 운영······················································································· 395
3 단기무역보험··································································································· 396
4 단기무역보험에서의 보험자의 면책사항··························································· 397
Chapter 11
국제상거래분쟁의 해결
제1절 무역클레임 / 401
1 무역클레임의 개념··························································································· 401
2 무역클레임의 청구내용···················································································· 402
3 무역클레임의 종류 ························································································· 403
4 무역클레임 발생상의 문제점과 예방······························································· 404
5 클레임의 배제································································································· 406
6 클레임의 해결방법·························································································· 409
제2절 상사중재 / 412
1 상사중재의 의의······························································································ 412
2 상사중재와 국제소송의 비교············································································ 413
3 중재계약·········································································································· 417
4 상사중재의 절차······························································································ 420
5 외국중재판정··································································································· 426
제3절 국제소송 / 429
1 국제소송과 국제재판관할················································································· 429
2 소송절차·········································································································· 431
3 외국판결의 승인과 집행·················································································· 433
Chapter 12
무역서류
1 상업송장·········································································································· 437
2 운송서류········································································································· 447
3 보험서류········································································································· 469
4 부속서류········································································································· 477
참고문헌 / 498
찾아보기 / 501
국제상무 일반론
제1절 국제상무의 개념 / 15
제2절 국제상무의 특성 / 16
제3절 무역관련 국제상관습 및 법규 / 16
Chapter 2
무역업의 창업과 해외시장조사
제1절 무역업의 창업 / 21
1 사업자등록 신청································································································ 22
2 무역업고유번호 신청························································································· 22
3 무역업의 유형··································································································· 23
제2절 해외시장조사 / 28
1 해외시장조사····································································································· 28
2 거래처의 발굴과 신용조회················································································· 30
Chapter 3
Incoterms?2020
제1절 INCOTERMS의 적용범위 / 39
1 INCOTERMS의 목적과 범위············································································· 39
2 INCOTERMS?2020의 주요 개정 내용····························································· 40
3 INCOTERMS? 2020의 구조············································································ 43
제2절 Incoterms?2020의 규칙들 / 44
1 RULES FOR ANY MODE OR MODES OF TRANSPORT····························· 44
2 RULES FOR SEA AND INLAND WATERWAY TRANSPORT ······················ 70
Chapter 4
국제무역계약
제1절 국제무역계약의 체결 / 85
1 무역계약의 의의································································································ 85
2 국제무역계약의 법적 성격················································································· 88
3 국제무역계약의 대상························································································· 90
제2절 국제무역계약의 원칙 / 91
1 계약자유의 원칙································································································ 91
2 신의성실의 원칙과 금반언의 원칙····································································· 92
3 과실책임의 원칙································································································ 93
제3절 국제무역계약의 성립 / 94
1 무역계약의 체결과정························································································· 94
2 계약체결의 구성요소························································································· 94
3 청약·················································································································· 96
4 승낙················································································································ 105
제4절 국제무역계약의 이행 / 111
1 물품의 인도······································································································ 111
2 소유권의 이전·································································································· 112
제5절 국제무역계약의 위반과 구제 / 117
1 계약위반의 의의······························································································· 117
2 계약위반과 계약해제의 사유············································································ 117
3 계약위반에 대한 매매당사자의 구제································································ 119
4 프러스트레이션에 의한 해제············································································ 123
Chapter 5
국제상거래계약의 기본조건과 계약서
제1절 거래조건에 관한 협정 / 127
1 무역계약조건의 구성························································································ 127
2 계약기본조건··································································································· 127
제2절 계약물품에 관한 기본조건 / 133
1 품질조건·········································································································· 133
2 수량조건·········································································································· 138
3 가격조건·········································································································· 141
4 포장조건·········································································································· 148
5 선적조건·········································································································· 152
6 대금결제조건··································································································· 156
7 보험조건·········································································································· 161
제3절 분쟁해결을 위한 조건 / 162
1 클레임조항······································································································· 163
2 권리침해조항··································································································· 163
3 완전합의조항··································································································· 164
4 불가항력조항··································································································· 164
5 이행곤란조항··································································································· 165
6 중재조항·········································································································· 166
7 재판관할조항··································································································· 167
8 준거법조항 ····································································································· 168
Chapter 6
국제상거래법의 통일화와 당사자의 의무
제1절 국제상거래법의 통일화 / 173
1 국제상거래법 통일화의 필요성········································································· 173
2 국제상거래법 통일화의 과정············································································ 174
3 CISG의 체계와 특징······················································································· 176
4 CISG의 적용범위···························································································· 179
제2절 매도인의 의무 / 180
1 물품의 인도····································································································· 181
2 계약에 적합한 물품제공·················································································· 188
3 서류의 제공····································································································· 196
4 위험의 이전····································································································· 198
제3절 매수인의 의무 / 201
1 대금의 지급····································································································· 202
2 물품의 수령···································································································· 206
3 물품의 검사···································································································· 208
4 물품의 하자통지······························································································ 210
Chapter 7
신용장과 무역결제
제1절 신용장 / 215
1 신용장의 의의·································································································· 215
2 신용장의 종류································································································· 234
3 유사 신용장···································································································· 240
4 하자서류의 매입······························································································ 241
제2절 주요 무역결제 방식 / 244
1 신용장방식에 의한 수출환어음의 매입····························································· 244
2 신용장방식에 의한 수입환어음의 결제····························································· 261
3 D/PㆍD/A 방식에 의한 대금결제··································································· 267
4 송금환방식에 의한 대금결제··········································································· 273
제2절 특수 결제 방식 / 275
1 국제팩토링······································································································· 275
2 포페이팅(Forfaiting) ······················································································ 278
3 The Trade Card System ·············································································· 280
Chapter 8
통관과 관세
1 관세의 의의····································································································· 285
2 관세법의 성격································································································· 287
3 관세법의 해석과 적용원칙··············································································· 287
4 용어의 정의···································································································· 287
5 관세법의 해석과 적용······················································································ 291
6 관세의 부과와 징수························································································· 294
Chapter 9
국제물품운송
제1절 해상운송 / 305
1 해상운송의 의의······························································································ 305
2 해상운송의 형태······························································································ 306
3 해상운송계약··································································································· 308
4 해운동맹과 해상운임······················································································· 312
5 해상운송관련 국제법규···················································································· 318
제2절 컨테이너운송 / 323
1 컨테이너의 의의······························································································ 323
2 컨테이너운송의 필요성과 장ㆍ단점································································· 324
3 컨테이너화물의 유통경로와 운송형태······························································ 326
4 컨테이너와 컨테이너선의 종류········································································ 328
5 컨테이너 터미널의 구조·················································································· 332
6 컨테이너 화물의 운송 절차············································································· 334
7 컨테이너운송에 관련된 국제조약····································································· 334
제3절 국제복합운송 / 336
1 복합운송의 개념······························································································ 336
2 복합운송의 주요 경로····················································································· 337
3 복합운송에 관련된 국제법규··········································································· 340
4 복합운송인의 책임체계···················································································· 343
제4절 항공운송 / 345
1 항공운송의 의의······························································································ 345
2 항공화물의 운송절차······················································································· 346
3 국제항공화물의 운송업자················································································ 346
4 항공화물운임의 종류······················································································· 347
5 항공운송에 관한 국제조약··············································································· 349
제5절 철도 및 도로운송 / 350
1 국제철도운송의 의의······················································································· 350
2 국제철도운송조약···························································································· 350
3 국제도로운송의 의의······················································································· 351
4 국제도로운송조약···························································································· 352
Chapter 10
적화보험과 무역보험
제1절 해상보험의 개념 / 357
1 해상보험의 의의······························································································ 357
2 해상보험의 당사자·························································································· 358
3 해상보험의 기본원칙······················································································· 360
4 보험가액과 보험금액······················································································· 363
5 피보험이익······································································································ 365
제2절 해상위험과 해상손해 / 369
1 해상위험·········································································································· 369
2 해상손해········································································································· 370
제3절 협회적화약관 / 377
1 협회적화약관의 개념························································································ 377
2 신협회적화약관에 의한 보상범위····································································· 378
제4절 적화보험의 부보 / 387
1 적화보험계약의 체결······················································································· 387
2 적화보험조건의 선택방법················································································ 388
3 해상적화보험료의 산출···················································································· 390
제5절 무역보험 / 393
1 무역보험의 개념······························································································ 393
2 무역보험제도의 운영······················································································· 395
3 단기무역보험··································································································· 396
4 단기무역보험에서의 보험자의 면책사항··························································· 397
Chapter 11
국제상거래분쟁의 해결
제1절 무역클레임 / 401
1 무역클레임의 개념··························································································· 401
2 무역클레임의 청구내용···················································································· 402
3 무역클레임의 종류 ························································································· 403
4 무역클레임 발생상의 문제점과 예방······························································· 404
5 클레임의 배제································································································· 406
6 클레임의 해결방법·························································································· 409
제2절 상사중재 / 412
1 상사중재의 의의······························································································ 412
2 상사중재와 국제소송의 비교············································································ 413
3 중재계약·········································································································· 417
4 상사중재의 절차······························································································ 420
5 외국중재판정··································································································· 426
제3절 국제소송 / 429
1 국제소송과 국제재판관할················································································· 429
2 소송절차·········································································································· 431
3 외국판결의 승인과 집행·················································································· 433
Chapter 12
무역서류
1 상업송장·········································································································· 437
2 운송서류········································································································· 447
3 보험서류········································································································· 469
4 부속서류········································································································· 477
참고문헌 / 498
찾아보기 / 501
저자
저자
이우영
부산대학교 대학원 무역학과 졸업(경제학 박사)
ㆍ영국 University of Portsmouth, 방문교수
ㆍ한국무역학회, 한국무역통상학회, 한국국제상학회 부회장
ㆍ경성대학교 글로벌무역전문가 양성사업단장 역임
ㆍ현, 경성대학교 국제무역통상학과 교수
?주요 저서 및 논문
ㆍ무역계약론(공저)(삼영사, 2021)
외 관련 저서 및 연구논문 다수
ㆍ영국 University of Portsmouth, 방문교수
ㆍ한국무역학회, 한국무역통상학회, 한국국제상학회 부회장
ㆍ경성대학교 글로벌무역전문가 양성사업단장 역임
ㆍ현, 경성대학교 국제무역통상학과 교수
?주요 저서 및 논문
ㆍ무역계약론(공저)(삼영사, 2021)
외 관련 저서 및 연구논문 다수
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