韓國의 貿易클레임 現況과 解決方案에 관한 硏究

Abstract

In the present study, the status of trade disputes occurred in Korea was analysed, centered on the statistical data of claims which had been received and managed by an arbitrating(mediating) agency. The Korean Commercial Arbitration Board. In the first place, major analysis was done with the statistical data of claims from 1980 to 1988, and in the second place, rough analysis with the statistical data of claims from 1989 to the present 1993. For a research method, data analysis and documentary review were used jointly. The present thesis consists of Six chatpers and contents in each chapter are as follows ; Chapter 1 discusses the purpsose, method and scope of the study. Chapter 2 explain types and causes of claims. Chapter 3 compares the characteristics and present status of claims in Korean tading business with those in Japan. The realities of the claims occurred are analysed with reference to a year term, cause, item, region, and claimed amount. Chapter 4 discusses some problems of claims in Korean trading business and some preventive plans of them. Chapter 5 describes some systematic devices for the efficient resolution of claims. Chapter 6 concludes synthetically all the matters discussed above. Summarized contents for the improvement of the management of claims are as fllows : ① It is mostly desirable that in order for home businessmen not to be financially damaged, the government makes some pacts concerning trade disputes with those countries which are involved in trading business with Korean trading businessmen. ② In a governmental dimension, positive support should be given to the trading businessmen at home so that they can mostly utilize a system of arbitration. ③ Practical education or training on the procedures of claims is required to be arranged to trading businessmen. ④ In order to prevent claims in trading before they happen, information exchange with some relevant government agencies such as Korea Traders Association, the Korea Chamber of Commerce and Industry, etc. and mutual cooperative structure for exchanging opinions on the realties of trade should be more consolidated. ⑤ The realtities of claims happening in Korea trading business should be analysed in a quaterly term, half year term, year term, and the analised data be publicly announced through news media so that trading businessmen can be highly awaken and consolidate their preventive measures of claims in trading.