Chinese garlic farmers go to South Korea to negotiate return

On February 4, the head of the Department of Foreign Trade of the Ministry of Commerce responded to the shipment of garlic from the garlic farmers in Shandong Province in South Korea. The incident was defined as a commercial contract dispute. At the same time, the Chinese Embassy in South Korea stated that the incident involved the immediate interests of farmers and would do its best to assist Shandong garlic farmers in their rights protection. In response to this issue, Li Shimin, an arbitrator of the China International Economic and Trade Arbitration Commission, suggested that on the basis of the preliminary investigation of the facts, first consider applying for international trade arbitration in accordance with the contractual agreement, and avoid direct court intensification of conflicts.

Ministry of Commerce: This incident is a commercial contract dispute. According to the report on February 1st, Shandong Garlic farmers supplied 2,200 tons of garlic to the Korea Agriculture and Fisheries Food Distribution Corporation. The garlic was examined by a full-time staff of the Korea Agriculture and Fisheries Food and Circulation Corporation before shipment. The goods were qualified, but after the goods arrived at the South Korean port, the South Korean Agricultural Management Bureau found that the quality inspection failed to return all the goods. This caused huge economic losses to the garlic farmers in Shandong. The garlic farmers could not accept the reasons for the goods being returned, so they began to take rights. the road.

In response, on February 4, the head of the Department of Foreign Trade of the Ministry of Commerce responded. The person in charge said that after a preliminary judgment, the incident was a commercial contract dispute, and the parties involved in the matter had conducted multiple rounds of consultations. At the same time, the Ministry of Commerce requires the Department of Commerce of the Chinese Embassy in South Korea and the Department of Commerce of Shandong Province to actively coordinate relevant enterprises and communicate with the ROK.

In addition, the responsible person also expressed the hope that the ROK, starting from the overall situation of China-ROK economic and trade cooperation, properly handle this incident and maintain the healthy development of bilateral trade between China and ROK.

South Korea: We can go to the WTO and tell us that in December of last year, South Korea's agricultural management refused to deliver goods on the ground that it was asked to deliver goods. One of the garlic farmers, Mr. Song, immediately went to South Korea to try to negotiate with the Korea Agriculture and Fishery Food Distribution Corporation on this matter. . After Mr. Song arrived in South Korea, he considered that he could not help himself in Korean and he could not help himself. He asked for assistance from the Chinese Embassy in South Korea.

Afterwards, the staff of the Chinese Embassy in South Korea accompanied Mr. Song to the Korea Agriculture and Fisheries Food and Circulation Corporation and acted as an interpreter for Mr. Song. Mr. Song said that when the two sides negotiated with each other, South Korea’s senior executives directly pointed to Mr. Song and others, “You go to tell us, and you can go to the WTO and tell us.” Mr. Song has repeatedly stated that the staff of the embassy at that time had heard these words. This made Mr. Song and other people very shocked. However, Mr. Song did not have the Korean recording at the time.

In this incident, the South Korean agency company communicated with Shandong garlic farmers, and garlic farmers had been preparing and shipping garlic under the supervision and inspection of agency companies. However, after the incident occurred, as far as the current results are concerned, all responsibility and consequences are borne by garlic farmers. Transportation expenses, port demurrage fees, etc. are paid in advance by garlic farmers and there is no return, which makes garlic farmers unable to understand. In this regard, Mr. Song questioned that the garlic market in South Korea has changed, resulting in the Korean side is not sincere to buy this batch of Shandong garlic. Mr. Song said that this was disclosed by his informed person during his negotiations in South Korea.

Yesterday, the Beijing Youth Daily reporter called the Chinese Embassy in South Korea. The staff of the embassy told the reporter that after the garlic farmer sought help from the Korean embassy, ​​the embassy had been negotiating with the Korean agriculture and forestry department and the diplomatic department. The staff also stated that Chinese farmers need protection, and that the embassy will work with the garlic farmers to help garlic farmers safeguard their rights. Resolving this matter will also help prevent similar trade disputes from occurring in the future.

Experts: In case of quality problems, instead of returning products, the reporter called the China International Economic and Trade Arbitration Commission Li Shimin arbitrator. He said that according to international trade practices, if the goods are not available at all, quality problems generally occur and the treatment should be discounted rather than returned. At the same time, he also suggested that on the basis of the preliminary investigation of the facts, consider first applying for international trade arbitration in accordance with the contractual agreement, and avoid directly going to court to intensify conflicts.

Li Shimin said that the first thing to do is to clarify the contents of the three aspects. First, the incident is a normal contract dispute or a commercial fraud. The nature of the dispute must be clarified. Second, we must clarify whether the quality inspection process in Korea is in line with the formal process, and whether there is any procedural or ambiguous evidence. He suggested that China's quality inspection department could intervene and that China's quality inspection department would evaluate the quality inspection process in South Korea and determine whether the goods must pass the statutory inspection procedures or whether they should meet the contractual inspection procedures. Third, rigorously study the content of the contract, clarify the rights and obligations of parties such as buyers and sellers, and clarify the basis for quality assurance and consider the quality requirements for garlic. In this regard, Li Shimin suggested that garlic farmers should receive good contracts from their hands and letters and exchanges between them. These are the contents that have actually binding on garlic farmers in this incident. Text/Student Reporter Gao Yu Yang Clues Offers / Ms. Gao Facts +

At a loss, the garlic grower wrote an open letter to the President of South Korea. The Chinese garlic farmer Wang wrote an open letter to the President of South Korea, entitled “Respect to the President of the Republic of Korea, Park Geun-hye,” which was set to be paid for this time, including Mr. Wang’s supply to South Korea. Garlic farmers.

The open letter stated that “2,200 tons of garlic we export to your country are stocked strictly in accordance with the tender requirements of the Circulation Corporation, and all procedures are conducted in the presence of Korean circulation communes in the presence of qualified personnel. The goods are in circulation. Commuters stationed in person will personally apply the seals of the communes after they have passed the inspection.

The open letter also stated that “our hard-earned money has been paid off and it is very difficult to live now. China’s traditional Spring Festival is approaching, and our parents and family are tearful every day because of this matter. I hope you can feel the greatness we face. Losses and pains, I hope that you can coordinate with the Korean Agriculture and Fisheries Food and Circulation Commune to give us an account of the garlic farmers."

Mr. Wang said that he and the other two garlic farmers will firmly defend their rights: “We have a reasonable amount of money if we suffer such a large loss.” The staff of the Ministry of Commerce stated that if we want to go through legal procedures, we also need to travel to South Korea. It will be very difficult for people to defend their rights. (Tencent News integrated Beijing Youth Daily report)

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