Whether a person who imports raw materials with entrustment constitutes an actor to acquire foreign capital

A person who has imported raw materials under Article 19 of the Trade Act refers to an importer in the case of directly importing raw materials from a foreign country for manufacturing or processing and exporting exported goods. Therefore, if the re-appellant entrusted to the non-party company for import of raw materials, he/she is not the re-appellant but the non-party company for foreign exchange earnings.

Articles 19 and 20 of the Trading Business Act, Article 31(3) of the Enforcement Decree of the Trading Business Act

For Co., Ltd.

Seoul Central District Court Order 80Ra85 Dated August 14, 1980

The order of the court below is reversed and the case is remanded to Seoul Civil Procedure District Court Panel Division.

1. The judgment of the court below on the ground that the person who obtained permission under the Trading Business Act (import) is the appellant himself, and even if the import of this case is merely an agent, the appellant cannot be exempted from the liability for the administrative fine under the Trading Business Act, and the appellant, who received a license for the import of the raw materials for export to this case from the exporter and the participant permitted under the Trading Business Act, recognized the fact that he did not comply with the export of the raw materials for the export to this case by the specified deadline, and thereby dismissed the appellant's appeal by maintaining the first instance judgment against the appellant by maintaining the decision of the court of first instance against the administrative fine.

2. According to Article 19 of the Trade Act, a person who imports raw materials or equipment, or a person who entrusts the import thereof, shall perform the act of earning foreign currencies corresponding to the import under the conditions as prescribed by the Presidential Decree, and Article 20 of the same Act provides that the scope of the act of earning foreign currencies under Article 19 of the same Act and the offender shall be prescribed by the Presidential Decree, and Article 31 (3) of the Enforcement Decree of the same Act provides that a person who imports raw materials or equipment, or a person who entrusts the import

Here, a person who imports raw materials refers to an importer of raw materials when he manufactures or processes and directly exports exported goods after directly importing them from a foreign country.

In addition, according to the records, the re-appellant has proved that he was entrusted by the Japanese Yangsan Industrial Company for the import of the raw materials of this case, and if it is true that he was entrusted with the import, the person who performed the act of earning foreign currencies corresponding to the import of this case shall be the above Japanese Yangsan Industrial Company, not the re-appellant, and even though it is obvious by the above provisions, the court below did not consider it and did not follow it, and therefore the re-appellant was liable for the fine for negligence to the re-appellant who did not obtain foreign currencies corresponding to it, and it violated the above Trading Act and its Enforcement Decree. In this regard, it is reasonable to discuss this issue.

Therefore, the order of the court below shall be reversed and remanded to the court below. It is so decided as per Disposition with the assent of all Justices.

Justices Jeong Tae-won (Presiding Justice)