무역계약서 일반조항의 적용상의 유의점에 관한 연구*

A Study on the General Clauses of International Trade Contracts

Since international transactions are different from domestic transactions in the aspect of laws, systems, practices, cultures, and working methods, trading partners will need written agreements to clearly identify the content of transactions they have agreed upon. These agreements will be written in English, the common language of the world, understood by both parties to the agreement. These English contracts are used in international transactions and the written language is English, so there are many differences from the Korean contracts used in domestic transactions. As such, the English contracts used in international transactions include sales contracts, distributorship agreement, sales agency agreement, joint venture agreement, original equipment manufacturing contract (OEM contract), non-disclosure agreement, and license agreements. When creating the general clauses in which a significant number of the various clauses in these contracts are used in common, it is necessary to examine the clauses legally and prepare for the deliberate reaction and the relaxation of the conditions. Therefore, the purpose of this paper is to reduce the disputes occurred in the international English contracts by providing a proposal establishing the notices of clauses provided in the international English contracts.