ScholarWorks@숙명여자대학교

초록

In international goods trading, there are frequent cases in which goods are lost or damaged by long-term transportation or combined transportation, but passing of risk, such as who bears the risk of loss or damage, is treated as a very important issue in practice. In principle, risk transfers in international commodity trafficking are governed by national legislation, i.e., governing laws, but the parties may individually intend to apply other terms and regulations. In this case, the most commonly used terms of business are the Incoterms of the International Chamber of Commerce. Currently, the latest version of Incoterms is the 2020 version (hereinafter referred to as Incoterms 2020), which can be said to be an international unified rule on fixed terms and conditions. Although it is understood that risks in Incoterms 2020 represent consideration risks, they are basically humanitarian. Incoterms rules provide specific and clear interpretation guidelines for the burden of costs, such as insurance contracts and the obligation to conclude transportation contracts, including details of the seller's delivery obligations directly linked to the point of risk transfer. In contrast, this paper examines and evaluates the contents of Incoterms 2020, the latest version of Incoterms, which is currently the most commonly used version of Incoterms, on the issue of risk transfer in international transactions, to promote the correct use of Incoterms. In this article, It is first examined the nature and structure of Incoterms 2020, and in detail the timing prior to this disciplined risk and the divergence point of cost sharing according to each individual transaction condition. The Incoterms 2020 classification system is divided into rules that apply to all transportation and rules that apply only to sea transportation, so this paper's review will follow. Specific discipline will be examined in detail, focusing on the completion of the seller's delivery obligation, dangerous exhibition, contract signing obligation and payment of transportation costs, insurance premiums, delivery costs, export and so on. In the conclusion, it is examined the current assessment of Incoterms 2020 and its implications.

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