대미 외상(신용)거래 하에서 수입업자 파산에 따른 수출업자의 주의사항에 관한 연구

Due to the global economic downturn, companies around the world including US companies are exposed to the risk of bankruptcy, and many foreign companies exporting to companies in the U.S. have a problem of non-payment. This study focuses on the adminstrative priority status in witch the exporter asserts administrative expenses priority claim due to the bankruptcy of the importer under the credit transaction and also verifies the criteria considered in order to apply the regulation 11U.S.C.§503(b)(9) such as “a creditor may recover as a priority administrative expense the value of goods if the creditor sold those goods to the debtor in ordinary course of the debtor’s business within 20 days prior to its bankruptcy filing”. In addition, the following cautions were presented to exporters conducting credit transactions with the US companies based on the court judegment. First, as a countermeasure for non-pyament under credit transactions, exporters should check the credit of their trade parties and regular monitoring, use a letter of credit settlement method that a bank guarantees the credit of the importer, and purchase short-term export insurance provided by the Korea Trade Insurance Corporation. Second, it is necessary to understand the applicable governing law in case of dispute. Third, parties who trade with US companies should understand the US bankruptcy law.