한·중 무역 분쟁의 대응방안에 관한 연구

Abstract

With the continuous updating of knowledge, the non-stopping progress of society and the development of economic, communications and contracts, especially the economy and trade connections between countries increase quickly during 21century. The international trade between Korea and China has been remarkably developing during the 21 years since Korea and China established diplomatic relationship. Since the establishment of their diplomatic relations in 1992, South Korea and China, two eastern Asian-countries, have developed their relationship in such areas as economic, trade, education, culture of Science and Technology with an amazing speed. Amount these areas, the economic and trade relationships between the two countries, which is of no worth of mentioning from the volume of trade at the beginning of establishment of diplomatic relations, has developed to such an extent that the two countries have become close trading partners to each other. However, with the rapid development of international trade between Korea and China, trade claim occurred all the times. Especially during recent years, the frequency of trade disputes's occurrence continues to show an upward tendency. This situation is significantly blocking progress in the development of international trade. Therefore, resolving trade claims by arbitration has important meanings for the long-term stable development of international trade between Korea and China. My main purpose in this paper is to make a clearer explanation of causes of these claims than ever made before, and to find solutions of and preventive measures to such kind of claims. The causes of the claims aroused in Korea trade can be divided into two kinds, namely, the direct ones and the indirect ones. The former is that the contracts made by the sellers and buyers has not been fully conducted according to its articles such as quality, quantity, packaging, price, transportation, insurance, and the way of paying, while the later are those indirect factors such as the differences between buyer and seller's languages and cultiral backgrounds, their judicial and commercial habits, and the factors such inadequacy of credit investigation, those dangers in transportation process, force majeure and such conditions as the contract could not be carried out. To solve these claims I have in my paper put forward some schemes and preventive measures in accordance with those cause mentioned before. The schemes are two. The first one is that the partners solve their trouble by themselves, and the next one is that they solve it by a middleman. The later scheme can also be divided into four ways, namely, 1) to intercede, 2) to conciliate, 3) to arbitrate, 4) to litigate. Among these measures, the third is mostly adopted because of its quickness in time, low expanses, secrecy and authority. The best way to solve claims is surely to prevent it from happening. I have put forth 4 preventive measures, of which the first is to use language correctly and act according to the commercial habits; the second is to investigate the oversea commercial environment and the counter part's credit fully, the third is to make an accurate contract, and the forth is to control the product quality strictly. Lastly, One must conform to the set contract and to the rules settled international standard made by mutual credit to adapt to globalizing business. The trade between the two countries will even more accelerated if this custom settles, and Korea and China will both become the center of East-Northern Asian economy.