중소기업적합업종제도의 국제통상법 적용대상 적격성 및 위배 가능성에 대한 연구 - 동반성장위원회의 2013년도 중소기업 적합업종(품목) 지정권고를 중심으로 -

In 2013, the National Commission for Corporate Partnership (NCCP or Commission), established pursuant to the Act on the Promotion of Collaborative Cooperation between Large Enterprises and Small-Medium Enterprises, added three manufacturing and 15 service sectors on the list of businesses suitable only for small and medium enterprises (SMEs) in addition to existing 82 manufacturing sectors. According to the guidelines made by the NCCP, non-SMEs or conglomerates are recommended to restrain their businesses in the designated sectors for the protection of SMEs. The NCCP’s guidelines are recommendations, not regulations, but companies that refuse to accept the recommendations are instructed by the Small and Medium Business Administration (SMBA) to adjust their businesses. Those that do not follow the SMBA’s order can be subject to imprisonment of under a year or fines of 50 million won or less. The paper here pays attention to the part that the guidelines apply to not only Korean domestic companies but also foreign companies. The purpose of this paper is to analyze the NCCP’s guidelines from the perspective of international trade law. The paper first examines whether the Commission’s guidelines designating SME-suitable business areas can be regarded as measures under international trade law, and if so, then whether the measures are inconsistent with any international trade law, particularly TRIMs Agreement, GATS, Korea-US FTA and Korea-EU FTA.