중국법상 기업 및 법인 개념에 대한 고찰

When Korean people keep in touch with Chinese Law, the concepts of ‘enterprise’ and ‘juristic person’ are easily misunderstood. Korean people make a sharp distinction with ‘enterprise’, economic concept, and ‘merchant’, legal concept. So ‘merchant’ is used as a subject of rights associated with ‘enterprise’. But the meaning of ‘enterprise’ in Chinese Law is same with that of ‘merchant’ in Korean Law. In Chinese Law, only ‘enterprise’ can do Commercial Activities. To be ‘enterprise’, economic equipment and commercial registration are required. In China, every ‘enterprise’ is a licensed enterprise; it acquires rights and incurs obligations as a merchant. In Korean Law, the subjects that acquire rights and incur obligations are natural persons and associations. In Chinese Law, the ‘enterprise’ is the subject that acquires rights and incurs obligations, Unincorporated Enterprise such as Sole proprietorship Enterprise and Partnership Enterprise also included in the ‘enterprises’. In China, Incorporated Enterprise is composed of all members with limited liability. In Chinese Law, juristic personality and limited liability are different matters, it is identical with German Law that ‘general partnership company’ and ‘general and limited partnership company’ have no juristic personalities. As stated above, in China, the concepts of ‘enterprise’ and ‘juristic person’ are used in different way. Therefore, it is required attention to refer to Chinese reference.