韓·中 通商摩擦에 關한 法的 硏究

Abstract

At the advent of normalization of diplomatic relationship in 1992, the trade between Korea and China has progressively developed. For example Korea's merchandise trade with China topped $100 billion in 2005 for the first time ever. As China had access into the WTO in 2001, China had reduced the tariff and cancelled non-tariff barriers step by step. It also quickly revised relevant laws and regulations. Furthermore, it increased the transparency of examination and approval. In 2004, Korea gave the complete market economy position at APEC top meeting that took place in Pusan. All of which has improved its whole business and trade environment for bilateral trade. But, at the same time there appeared a series of trade friction between two countries as the garlic dispute in 2000 which had created a very big impact on Korea. It was necessary to study about trade policy and legislation of China. Many problems are still existing, after all China has adjusted its trade legislation not before long. Although, China revises the law and regulations rapidly, it still need quite a long time for getting standardized because its primary legislation has lots of differences with market economic countries. Therefore it is necessary to recover legal flaw for keeping away from conflict and damage. In this thesis the legal problems on the trade friction between the two countries in present condition is studied. Here we mainly focus on the legislation of China. This study consists of 4 chapters. At first, the situation which includes trade and investment between the two countries is presented. According to economic data, it analyzes the feature classified by period, region and the category of industry. Through the comparison of these features it attempts to find out the main reason for the trade friction between Korea and China. The trade imbalance and Protecting the domestic industry are regarded as the major reasons that lead to the trade friction. Secondly, the law and regulations related with Origin, intellectual property rights, anti-dumping, countervailing, safeguard, unilateral trade measures are discussed. Based on some concrete cases, it was noticed some issues about China trade legislative system and suggested related solution plan to settle the trade friction between the two countries.