关于中国“克强指数”文献研究方法论的评价

주령커,MAOZHUQING,JIN HAIZHEN 부산대학교 중국연구소 2017 Journal of China Studies Vol.20 No.1

In 2007, Li Keqiang, who was the secretary of the Liaoning’s provincial CCP committee then, presented a new method to evaluate economic growth. In 2010, The Economist summed it up to a new economic indicator and named it as Li Keqiang index. Since Li was to be the Premier of the State Council of China, Chinese economists began to study Li Keqiang index with two research directions. One of them is to prove correctness of Li Keqiang index; another is for putting forward policy recommendations. This study reviewed these literatures to make judgments on the methodologies of the papers. As this study’s conclusion, this study indicated that Li Keqiang index is an advanced and innovative indicator when we used it to evaluate the Chinese state of economy. Because either the necessary for local government performance, or the problem caused by repeated measures inevitably leads to China GDP is overrated. Li Keqing index using the data which are from three different departments gives the overall evaluation of the China economy situation. It can cover the shortage of GDP greatly. However, we do not suggest making economy police on basis of Li Keqiang index. Based on the present literature methodologies, most literature caused the regression analysis that used GDP as a dependent variable and variables involved in Li Keqiang Index as independent variables. It results in failure to cast off the influence of GDP. And these literatures checked the causality between variables with the Granger Causality Test method. However, this method ignored the limitation of Granger Causality Test method. That is the reason why we do not suggest making economy police on basis of Li Keqiang index, even we approve Lei Keqiang index is an advanced and innovative indicator when we used it to evaluate the Chinese state of economy.

从药品平行进口案例看中国法的正义价值选择

주령커,오은지,Xu Xi 부산대학교 중국연구소 2018 Journal of China Studies Vol.21 No.4

The law can be seen as the choices of values by majority of people in the country. Generally, certain legal procedures are prescribed in order to realize the people’s choice of values. These legal procedures are called the procedural justice, and realizing the value the majority of people seek is called the entity justice. Ideally, the entity justice must be followed by the procedural justice. In practice however, sometimes it does not work in that way. In the case that the procedural justice and the entity justice do not match, how should the Chinese government make a choice? In this study this issue will be discussed by analyzing the recent example of parallel import of drugs in China. According to the Chinese Drug Management Act, if an individual or a corporate body wants to import a drug, he or she must receive an inspection report on the safety, treatment, and ingredients of the drug by the State Council of China. If the individual or a corporate body do not go through the inspection by government-related agencies or import the drugs that are not permitted to import, he or she could result in severe penalties up to imprisonment for the sale of counterfeit drugs. As parallel imports are imported without approval from officials, an import permission cannot be obtained from the government. Therefore, it is considered as a violation of the law under the current Chinese criminal law. In practice however, Chinese domestic medical products have poor remedial value and the price of the products with formal permission is very high. Thus, some heavy patients have no other choices but to seek parallel imported products in order to survive. In this case, punishing the heavy patients for purchasing the parallel imported products would be against the value of the public, but if not, it would be against the law. That is, in some parallel import cases, there is an inconsistency between the procedural justice and the entity justice. This study used a recent case of parallel imported of drugs in China to exam how the Chinese criminal justice system reaches a verdict on this issue. In this study, we found that current Chinese criminal justice system has three problems dealing with drug-related parallel import cases: First, when the law is vaguely defined, the case must be judged by the judge's discretion, and there were problems where similar cases were found differently due to different personal values of the judges. Second, although procedures must be independent, parallel drug import cases have been heavily influenced by the media in dealing with cases because they are highly publicized cases. Third, the procedural justice or the definition of result, which one is more important than either is a matter of philosophy of law, and the Chinese government currently tend to uphold the procedural justice. Consequentially, judicial authorities tend to seek formal definitions that seem to realize the procedural justice when dealing with problems. It should be Pointed out at the same time that the efficiency and cost considerations cannot support the "quasi-judicial" position of the PRB, either system design abroad. To solve the above problems need combined with Chinese Intellectual Property trial pilot experience and development trends of the reform of the judicial system, the implementation of Intellectual Property Rights trial fairness and efficiency, strengthen the exclusive jurisdiction, and the function of substantive patent court.

중국 新전자상거래법에 따른 중국유학생 해외직판의 변화에 관한 연구

주령커,박광서,오은지 한국무역상무학회 2019 貿易商務硏究 Vol.81 No.-

This study aims to analyze the possible changes on foreign direct sales by Chinese students in Korea in accordance with China’s new E-Commerce Law, effected on January 1st. Chinese students are selling various korean products to China so far, and it will be defined as a type of e-commerce in the China’s new E-Commerce Law. This means that Chinese students should sell korean product to China under the legal liabilities such as paying customs, obeying Consumer Protection Law, and some other legal duties. This will cause a great shock on the parallel import by Chinese students, as they will have to lose the benefit from their lower offer prices. Notwithstanding all other disadvantages of Chinese students’ parallel import, Chinese students’ parallel imports also have a few merits on both countries as well. From the viewpoint that Chinese students’ parallel import contributed to some extent not only to Korea’s actual export and company performance but also China’s consumer benefits and training China’s future company managers. In this study we investigated the prior literatures and the details of the articles in China’s E-Commerce Law in order to find the way for the Chinese students to keep their business within the boundary of China’s Law, and are drawing the best possible results on both Korea and China. 2019년 1월 1일 중국에서 전자상거래법이 발효되어 해외직판을 위해서는 개체공상호를 등록하고, 소비자에 대한 보호의무를 지는 등의 변화가 있을 것이다. 본 논문은 유학생 해외직판의 문제점에 대한 해결방안과 新전자상거래법에 따른 유학생 해외직판의 합법적 경로를 분석하였다. 현실적으로 새로운 전자상거래법에 따라 실질적으로 유학생이 합법적 경로를 통하여 해외직판을 실행하기가 불가능하거나, 가능하더라도 매우 어렵다고 예상한다. 중국 유학생의 해외직판과 관련된 위험과 해결방안에 대한 제도적, 실무적 연구가 이어지길 바란다.

중국 무역보험제도 및 Sinosure 개선 방안 : 한국의 경험을 바탕으로

주령커,장동한 한국무역금융보험학회(구 한국무역보험학회) 2016 무역금융보험연구 Vol.17 No.2

무역거래에서 발생하는 리스크는 일반적으로 부보가능한 리스크가 아니다. 무역이 국민경제에서 차지하는 중요성을 고려하여 각국은 WTO의 허락 하에서 독자적인 무역보험제도를 운영하고 있다. 중국도 국경기업인 Sinosure를 중심으로 무역보험제도를 운영하고 있다. 중국은 세계 최대 무역대국 중 하나임에도 불구하고 무역보험의 역사가 상대적으로 짧아 여러 문제점들을 안고 있다. 본 연구는 중국의 무역보험제도 및 운영 주체인 Sinosure의 문제점을 분석하고, 한국의 무역보험제도를 벤치마킹해서 중국 무역보험제도의 개선방안을 제시한다. Risks in international transaction usually cannot be covered by private insurance companies. Since international tade is a important part of national economy, WTO allows member state’s governments to operate the trade insurance system for the promotion of international trade, especially export. In China, state owned insurance company, named Sinosure, is operationg trade insurance system. Although China is a trade giant in the world, its history of trade insurance is rather short and there exist a number of problems in the trade insurance system of China. This study examines the problems in China’s trade insurance system and Sinosure, and the proposes the way to improve it based on the experience of Korea’s trade insurance system and Ksure.

화환신용장의 독소조항에 대한 실무적 유의점에 관한 연구

주령커,박광서,오은지 한국무역금융보험학회(구 한국무역보험학회) 2018 무역금융보험연구 Vol.19 No.3

본 연구는 화환신용장에서 악용되고 있는 독소조항의 발생원인, 종류 및 예방할 수 있는 방법 등에 대하여 중국문헌과 신용장 실무를 중심으로 연구하였다. 독소조항의 발생원인을 선의의 독소조항과 악의의 독소조항으로 구분하였으며, 독소조항의 종류를 명시적인 독소조항과 묵시적인 독소조항으로 구분하여 설명하였다. 독소조항에 대한 실무적인 유의점으로 거래상대방의 선택, 거래은행의 선택, 무역계약의 활용을 다루었고, 특히, 신용장의 직접 계약당사자인 개설은행이 아닌 개설의뢰인(APPLICANT)의 경우에 유의할 점을 중심으로 연구하였다. This study relates to the toxicological clauses of the letter of credit. Some clauses which interferes with the recovery of the beneficiary in the letter of credit transaction, are called a malicious special condition or a toxic clause. The toxic clauses in a letter of credit transaction requires careful consideration because it may be impossible for the beneficiary to meet the document requirements, or it may be very difficult, even if it seems unlikely that the toxic clause is correct. We investigate the causes, types and prevention methods of toxic clauses which are abused in documentary credits, focusing on Korean and Chinese trade practices. First, the cause of the toxic clauses can be divided into the good toxic clauses and the bad toxic clauses, and in general, the toxic clauses means the latter. Second, the types of toxic clauses can be divided into explicit toxic clauses and implicit toxic clauses. Especially explicit toxic clauses are to restrict the entry into force of the letter of credit, to limit the signature of the quality inspector, to limit the shipment, and related to shipping documents etc. The practical considerations of the toxic clauses in documentary credit are that dealt with the choice of the trading partner, the choice of the bank, and the use of the trade contract. In particular, careful attention is required if the “APPLICANT”, who is not a direct party to the documentary credit, appears under special conditions in SWIFT 46A and 47B.

中国香港地区CISG适用问题研究

주령커,Guo, Haiyan,Huang, Na,Shao, Tianqin 부산대학교 중국연구소 2018 Journal of China Studies Vol.21 No.1

United Nations Convention on Contracts for International Sale of Goods (CISG) is considered as a core international trade law that may apply to a contract for international sales of goods by most countries in the world. CISG was legislated by United Nations Commission on International Trade Law in 1980 and China was one of the earliest nations that adopted CISG. Although Constitution of the People’s Republic of China states that Chinese territory covers the Chinese mainland, Hong Kong, Macao and Taiwan, there is still a controversy as to whether CISG could be regarded as of applicable law in the Chinese mainland and other territorial units including Hong Kong. This is due to the different legal systems that each region is currently adopting. In this study, we will focus on the pros and cons of application of CISG to Hong Kong region. Even after Hong Kong’s return to Chinese rule, the central government of China still have not made any declaration regarding the application of CISG to Hong Kong for the reason that Hong Kong was once a British colony and United Kingdom was not of a contracting state of CISG. Until now Hong Kong’s application of CISG is instigating many arguments among states in the world. According to the cases of each country, civil law countries such as France claims that CISG should not be adopted by Hong Kong. In contrast, in the cases in common law countries such as United States of America states that CISG must be applied to Hong Kong. As such, there is no universal consensus with regard to this issue. This study will first summarize the positions of each state toward this issue and then analyze how the Chinese government must conduct for the greatest effect. This study will be conducted based on the assumption that the Chinese government is likely to declare that CISG is applicable to Hong Kong. However, it does not mean that this research will completely exclude the possibility that the Chinese government will continuously keep silence. As a participant in international trade, we are obligated to pronounce our opinions for this issue of the application of CISG to Hong Kong before the Chinese government finally makes a statement to this problem.

중국 무역보험제도 및 Sinosure 개선 방안

주령커(ZHOU KING-KE),장동한(CHANG DONG-HAN) 한국무역학회 2016 무역학자 전국대회 발표논문집 Vol.2016 No.6

무역거래에서 발생하는 리스크는 일반적으로 부보가능한 리스크가 아니다. 무역이 국민경제에서 차지하는 중요성을 고려하여 각국은 WTO의 허락 하에서 독자적인 무역보험제도를 운영하고 있다. 중국도 국영기업인 Sinosure를 중심으로 무역보험제도를 운영하고 있다. 중국은 세계 최대 무역대국 중 하나임에도 불구하고 무역보험의 역사가 상대적으로 짧아 여러 문제점들을 안고 있다. 본 연구는 중국의 무역보험제도 및 운영 주체인 Sinosure의 문제점을 분석하고, 한국의 무역보험제도를 벤치마킹해서 중국 무역보험제도의 개선방안을 제시한다. Risks in international transaction usually cannot be covered by private insurance companies. Since international trade is a important part of national economy, WTO allows member state’s governments to operate the trade insurance system for the promotion of international trade, especially export. In China, state-owned insurance company, named Sinosure, is operating trade insurance system. Although china is a trade giant in the world, its history of trade insurance is rather short and there exist a number of problems in the trade insurance system of China. This study examines the problems in China’s trade insurance system and Sinosure, and then proposes the way to improve it based on the experience of Korea’s trade insurance system and Ksure.

COVID-19사태에 대한 불가항력조항의 적용가능성에 관한 연구

주령커(Ling-Ke Zhou),박광서(Kwang-So Park),오은지(Eunji Oh) 한국무역학회 2020 貿易學會誌 Vol.45 No.3

중국 병행수입제도의 법적 문제에 관한 연구

주령커(Ling-Ke Zhou),박광서(Kwang-So Park) 한국무역학회 2016 貿易學會誌 Vol.41 No.1

중국 무역보험 민영화문제에 관한 연구: 선진국과의 비교분석을 중심으로

주령커(Ling-Ke Zhou),김해진(Hai-Zhen Jinb) 한국무역연구원 2016 무역연구 Vol.12 No.6

Although China has become a major trade power in the world, there are many shortcomings in the Chinese trade support systems including Chinese trade insurance system. Therefore, how to improve the Chinese trade insurance system has become a hot issue nowadays. In some of the latest studies, a method of privatization of trade insurance companies has been proposed. Up to now, there are three biggest privatized trade insurance companies in the world. They are Euler Hermes in Germany, Atradius in Netherlands, and COFACE in France. In this paper, necessary conditions for trade insurance privatization are examined according to the experiences of three privatized trade insurance companies: Euler Hermes (Germany), Atradius (Netherlands) and COFACE (France). These privatization requirements are then compared with trade insurance companies in China, in particular, whether Chinese trade insurance companies possess the necessary requirements for privatization or not. Consequently, we answer the question as to whether privatization is the right way to improve the Chinese trade insurance system in this study.