The UCC or the CISG: Factors Affecting the Choice for Contracts between U.S. and South Korean Parties

서지정보

· 발행기관 : 원광대학교 법학연구소
· 수록지 정보 : 원광법학 / 28권 / 1호 / 43 ~ 77페이지
· 저자명 : Fiedler Daniel Lee

초록

After heated political theatre in both countries the Korea-U.S. Free Trade Agreement was ratified by both the U.S. Congress and the Korean National Assembly in late 2011. There will be a significant increase in trade under the terms of this agreement which will cause an increase in both competition and interaction between the merchants of both countries.
As legal issues should not be a hindrance to business, Korean and U.S.
merchants and their respective advisors will need to acquire a familiarity with the U.N. Convention on Contracts for the International Sale of Goods (“Convention” or “CISG”). Further, Korean merchants and their advisors will need to become familiar with the domestic law of the United States as reflected in the Uniform Commercial Code (“UCC”) while U.S. merchants and their advisors will need to gain familiarity with the extensive differences between U.S. and Korean court procedures, especially as regards Korean evidentiary rules. This article gives a brief history of the Convention and discusses Article 8 as it applies to extrinsic evidence. The article then discusses civil procedure rules and evidence rules in the Republic of Korea and how these rules differ from the U.S. rules of evidence. The bulk of the article analyzes the differences between the CISG Article 8 and the UCC parol evidence rule with emphasis on exploring how differences in the two uniform laws and the different evidentiary rules of the U.S. and South Korea affects disputes that arise between merchants of the two countries. This article aims at assisting both U.S. and Korean attorneys in advising their respective clients when interacting with their counterparts.

참고자료

· 없음