기업경영활동에 대한 합리적인 규제방안 -이른바 경제민주화입법에 대한 소고-

We tried to think about the principles and limitations of legislative regulation to corporate normal business activities. Adjustment and regulations on economy, can know that the state has intervened as a correction function for market failure. When the restrictions phenomenon of economic are very hard, it is not better than the market failure, it should be noted also that could be the so-called government failure. Specifically, we had studied 5 problems there is a risk of over-regulation by law. To the conclusion, we pointed out the problems easily. First, the revised Antimonopoly Act of 2013, now there is a possibility that by undue regulations on internal transactions between the corporate group, to regulate even reasonable internal transactions. Second, business system suitable for small and medium-sized enterprises can be used as a barrier to entry. And this system possibly ignores the autonomous purification function or autonomous adjustment function of the economy. The need for such a strong and effective regulation is questionable. Third, the regulation of our country for unfair trade practices is the best perceiving strong compared to the United States, Japan and Germany. Thus, a strong regulatory there is also the possibility to suppress the rational economic activity rather than protect the victims of unfair trade practices. There is a need to search a reasonable regulation of unfair trade practices. Fourth, large scale distributors has a dominant bargaining position on trading. Then in order to protect the seller, Large Scale Distributor Act was enacted. If large scale distributors take advantage on the contract, so the distributors have get the goods at a low price to sell quality products to consumers by the cheap price. This promote the welfare of consumers. If it is results in a consumer interests, be considered unfair conduct this is not reasonable. Fifth, the domestic SSM is under various operating restrictions in accordance with the Distribution Industry Development Act. Do not approach within 1km traditional market. Two days for the month is not sales mandatory. Opening hours are limited from midnight to 10:00 am. It is legislation that have been made to the effect of protecting the alley trade area from large companies. However, not be have benefited tradition trade area alleys and domestic trade area substantially, and foreign SSM is benefiting. It is questionable that the regulation of the Distribution Industry Development Act was not reasonable in the end.