중소기업 보호와 대기업과의 상생을 위한 법적 제도에 관한 연구

Recently, the Shared Growth between big conglomerates and small and mid-sized enterprises (SMEs) becomes the conversation topic in Korea. It is focused on the alleviating business polarization. SME is a business that is privately owned and operated, with a small number of employees and relatively low volume of sales. Also, SMEs are normally privately owned corporations, partnerships, or sole proprietorships. Small businesses often face a variety of problems related to their size,government policies, and economic systems. The problem is the polarization of big business and SMEs. The gap in profit rate between large companies and SMEs has been widening steadily, and the income gap. Especially, it is relevant in the government policies of highly industrialized structure emphasizing big business from 1960s in Korea. In order to promote the substantive equality between big business and SMEs, it is necessary that the government intervenes in the business markets at regular intervals. There is only one way that the government reform the legal system. The ways to prevent business polarization and the shared growth between big conglomerates and SMEs are as follows. First of all, the economic and actual profit of SMEs should be guaranteed. Second, the government should try to modify rules that had effectively banned big business from participating in markets. Third, it is necessary that the government develops and protects an area of SMEs’ own market. Fourth, the government should be looking into various ways of invigorating the protection of SMEs. For example, unfair trades of big business should be concretely restricted by application of the punitive damage rule. Today, it is necessary for the precautionary function of the law to secure national competitiveness.