중국의 대외무역대리제도하에서 한국기업의 대중국 수출계약상의 유의점

A study on the dispute cases of Foreign Trade Agent System in China and implications for Korean exporters

According to the increasing trade with China, the trend of business dispute is growing rapidly with respect to trade and investment between Korea and China. Specially, regarding international business disputes over Chinese foreign trade management rights, the dispute related to trade agent can be conducted. The foreign trade agency system of China is a result of foreign trade policy, not a system regarding legal factors. Therefore, Chinese scholars present various opinion whether foreign trade agency is considered as a consignment agency relationship or consignment dealing relationship, or dealing relationship. However this kind of confusion aroused different conclusion about similar cases related to foreign trade agency. Therefore, this study is systematically analyzing the problem of Chinese trade agent system, applying revised contract law article 402. Furthermore, based on this analysis, the implications for a plan and alternatives for Korean exporter are elicited.