국제상거래의 다양화에 따른 Switched B/L의 법적 문제점에 관한 고찰

This study is to investigate the legal issues of switched B/L according to the diversification of international commercial transaction. Switched B/L is a second set of bills of lading issued by the carrier (or by the carrier’s agent) in substitution for the bills of lading issued at the time of shipment. B/L substituted by a carrier for an original B/L in accordance with the terms of a letter of credit (L/C). In a back-to-back L/C, for example, the original B/L (which shows the actual supplier as the shipper) is switched with another B/L that shows the middleman as the shipper and protects the identity of the actual suppler. The switched B/L which was issued by third party other than the carrier can not be effective as that B/L doesn’t satisfy the mandatory requirement of Commercial Law that only the carrier or the agent of carrier can issue B/L. In most cases, the carrier has no choice but to issue the switched B/L without collecting the original B/L for fear of hurting the relationship with the intermediary traders. This practice of issuing more than two sets of B/L may pose a potential risk to the carrier. The ship agent may be instructed by his principal to issue a second set of bills of lading without collecting the first set, and may be offered a letter of indemnity by the principal, or by the party who receives the second set of bills.