은행의 O/A 채권매입에 대한 한국무역보험공사의 보증에 내재된 위험과 그 대책 －모뉴엘 사건 등 사례 검토－

Abstract

The main payment method for international transactions has shifted from letters of credit to non-letters of credit, and among the non-letters of credit methods, open account(O/A), which is a pure letter of credit that does not involve bills of exchange. In order to support the revitalization of international transactions of SMEs with insufficient credit, the Korea Trade Insurance Corporation operates a system that provides credit guarantees to banks(such as pre-shipment export credit guarantees). However, the question of who will be responsible in the event of a false export incident that abuses the purpose of the system remains, and there have been incidents such as the Monuel case(which defrauded banks of more than KRW 610 billion in loans by pretending to export). This paper explains the structure of the pre-shipment export credit guarantee system that led to the above incident, and examines what measures (such as strengthening document review obligations and clarifying the duty of care rules) should be taken by the Korea Trade Insurance Corporation and lending banks to prevent such incidents.