중국과의 신용장거래에서 사기 및 구제에 대한 법률적 성질의 고찰

Remedies for Fraud of Letters of Credit Transactions of China

The purpose of this study is to examine the legal system and the judicial procedure of remedies for fraud in the case of letters of credit in China. To realize the study purpose, it is necessary to analyze the various remedies for fraud of credit under the civil law, contract law and criminal law in China after which understanding the decisions and orders of the People s Court of the People s Republic of China. is needed. According to civil law in China, there exist several remedies for fraud of credit. The injured party may affirm the contract and bring an action for damages for fraud. Otherwise he may elect to rescind the contract. Furthermore, the defendant found to be guilty must bear some liabilities under criminal law in China. In conclusion, Korean traders should pay attention to the above major problems mentioned above. If the fraud of credit in China occurs, Korean traders may be able to mediate the disputes effectively by using the suggested remedies on credit fraud credit in China.