Merchant

A merchant (상인) is the operator of a company. To determine whether one is a merchant, one must determine whether it is a company or not. A company may be an actual merchant or constructive merchant. A person not a corporation can be a real merchant or a merchant with such facility.

Actual Merchant
A merchant doing commercial activity under his own name is a real merchant. Under his own name here means the merchant is accountable to the rights and obligations arising from his activities. Commercial activity means the al inclusive list of 22 activities in KCC 46 and others listed in special laws. The 22 basic commerical activities require being commercial and coporate.

Constructive Merchant
A merchant with facility and a private company are constructive merchants. A merchant with facility is a merchant doing business outside commercial activitiy using a store or other similar facilities in a merchantlike way while a private company is a for-profit company intended for noncommercial activities.