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??(HUANG Jin),曾濤(ZENG Tao) 한국국제사법학회 2009 國際私法硏究 Vol.- No.15
The first treaty executed between China and Korea in modern era is the “China-Chosun Commercial and Civil Waterway Trade Rules” of 1882. From then, 100 years have passed. The relationship between China and Korea is opening a new era. The essence of judicial assistance between China and Korea is the Agreement between China and the Republic of Korea on Judicial Assistance in Civil and Commercial Matters. This treaty solved many problems in judicial assistance. However, it is difficult to avoid disappointment in view of the whole theme of coordinating civil judgment execution in China and Korea. For example, the two parties failed to reach, in theoretical aspect, a uniform position on jurisdiction and mutual recognition of judgments, and therefore failed to execute bi-lateral rules. On November 19, 2008, the Department of Commercial Affairs, the Department of Foreign Affairs, the Department of Public Security and the Judiciary jointly legislated “Directive on Trans-Border Pursuit or Lawsuit against Foreign Investment Enterprises Due to Their Abnormal Retraction from China.” This Directive also mentions the judicial cooperation between China and Korea regarding the problem of Korean enterprise’s fleeing and othe rproblems. We should continuously make efforts to develop transactions and development between China and Korea.
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