중국의 대외무역대리제도하에서 한국기업의 대중국 수출계약상의 유의점 : 중국 신통일계약법의 적용을 중심으로

According to the increasing trade with China, the trend of business dispute is growingrapidly with respect to trade and investment between Korea and China. Specially, regardinginternational business disputes over Chinese foreign trade management rights, the disputerelated to trade agent can be conducted. The foreign trade agency system of China is a resultof foreign trade policy, not a system regarding legal factors. Therefore, Chinese scholarspresent various opinion whether foreign trade agency is considered as a consignment agencyrelationship or consignment dealing relationship, or dealing relationship. However this kindof 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, theimplications for a plan and alternatives for Korean exporter are elicited.