대․중소기업의 상생을 위한 법적 과제 - 공정거래법을 중심으로 -

It's pretty important to make the background of legal, institutional and cultural environments between the big corporation and small and medium-sized enterprises(SMEs) to accomplish the sustainable development. Considering the roles of SMEs of Korea, it is indispensible to have legal support system to bring up them effectively, and it has constitutional background as well. On the other hand, the fair trading law says fair and free competition to encourage creative activities of corporations, to protect consumers, and to develop the equivalent economies on the constitutional basis as well. So, it is needed to translate the two different theses with harmony under the Constitution as follows;First, the basic rule for those corporations to attain the objectives is to respect and follow the fundamental principles of Constitution which contains promoting the free market economy and protecting and encouraging the SMEs. Second, it is needed to make clear the scope of the enterprises among the big size corporation, enterprises of middle standing and small businesses, and is also needed to standardize the criteria of the enterprises in every Act in effect. Those will help to improve the abnormal structure of the enterprises which shape the gourd bottle or the steeple form. Third, the legal support system of the SMEs should be helpful for the improvement of the competition power of them. The authorities concerned have to consider the possibility of the development of the relevant enterprise to be supported, control not to be illegal or evade the laws, have the intermediate reviews the necessity of the support, and to endeavor to harmonize with the national and international norms. Fourth, it can be exempted to SMEs to apply the competition laws to attain the ultimate objectives of the competition laws and Constitution, especially for the small businesses, although there is a limit as to what it can do. Finally, it is essential to have the free will of the big corporation and SMEs to accomplish the sustainable development altogether, which includes the new relationship between them, the efforts of the CEOs of big enterprise, and the changes to the new culture of the reciprocal cooperations.