중국 무역분쟁조정제도의 최근 동향

Abstract

As trade with China continues to grow, various legal disputes between the two countries are also increasing. It is necessary, for the reconcilement of the conflicting interests between the two countries, to establish an effective legal and institutional system. In general, the dispute resolution system is a very important factor in providing a multilateral or regional trade system with a safety and predictability. Since a trade dispute may be extended to a trade war between countries, which may have negative effect on international trade, effective dispute resolution measures depending on the type and stage of the dispute should be employed. When an international commercial dispute with Chinese company occurs, the filing a lawsuit in a Chinese court is not only a huge burden for Korean companies, but it can also lead to various damages such as loss caused by compensation, decrease in external credit, and a loss of image. When a dispute occurs, a lawsuit to solve the problem is generally considered, however, considerable cost and time are required and there is a risk that the transaction relationship with the trade partner is disconnected due to the conflicting relationship between the parties in the resolution process. The commercial mediation system, on the other hand, is effective for friendly resolution of dispute without compromising the relationship between parties, resulting in satisfactory results. It is necessary, therefore, to create a dispute resolution environment where Korean exporters to China solve international commercial disputes in shorter time at lower costs. The study of China's commercial mediation system, a country with a long historical and cultural tradition, is also of great significance for securing the trade competitiveness at company and national levels. In this new Korea-China FTA era, continuous studies on commercial mediation system and related fields are required to maximize its function through the effective use of the system, which is beneficial for maintaining favorable trade relations such as trade contracts and joint ventures.