환율변동에 대비한 수입상의 ＂Hardship＂법리의 활용에 관한 연구

A Study on Importer's Use of a Principle of Law of ＂Hardship＂ in preparation for Currency Fluctuation

In international trade, man contracts are long-term and so, accordingly, unforeseen changes in circumstances could dramatically alter the fundamental balance of a contract. In these cases, it would be best if the contracts were adapted without being terminated so that neither party suffers from too much difficulties or undue damages, especially in case of currency fluctuation. For this purpose to be facilitated, this study examines importer's use of principle of law of "Hardship" and suggest that importers in Korea use a "hardship clause" and also provide that their dispute shall be resolved by arbitration, not by litigation in their own contracts to prevent the said difficulties or undue damages in a more effective and efficient way.