한국 중소기업법제의 성과와 한계 - 지원·육성정책과 경쟁정책과의 관계를 중심으로-

Considering the reality that the polarization of SMEs versus large companies has been more serious although legal and institutional measures for promoting and nurturing SMEs has been quantitatively expanded, we would be able to tell that limitation of the direct and protective promotion policies for SMEs is shown. We can see through the historical analysis that SMEs in the past had been protected against or given supporting role for large companies, which has come to be the very source of 'the SMEs problem' in Korea. Now it can be said that the heart of the SMEs problem in Korea lies in SMEs' structurally disadvantageous position in both trade and competition relation with large companies. In this sense, in order to raise effectiveness of the promotion policies for SMEs, it is absolutely necessary to try to solve SMEs problem fundamentally. Specifically, we need to regulate various kinds of unfair practices between SMEs and large companies on the one hand, and market dominant undertakings' abusive behaviors and anticompetitive mergers on the other hand, so that SMEs may turn up as innovators in the markets dominated by large companies. Furthermore, behavioral regulation and internal control should be activated to block unreasonable expansion of business fields through illegal measures such as unfair intercompany transaction or by the pursuit of private interest of owners' families. Laws and institutions regarding SMEs which has been focused on promotion and nurture for a long time seem to remain on the protective view. However, policies and laws on the basis of the protective view are difficult to enhance the viability and competitiveness of SMEs. Therefore, we need to apply primarily competition principles to SMEs on the basis of the view that regards them as potential 'competitors' and 'innovators', and to prioritize the free and fair competition between SMEs and large companies.