유통산업발전법의 유통업태 분류체계의 문제점 및 개선방안

Even though two years has passed since business restrictions of the Distribution Industry Development Act (“Act”) have come into effect, much controversy remains. Large retail discount stores, which are the focus of the Act's business restrictions, have continuously protested and avoided such restrictions by using shortcuts to operating business with the creation of new types of businesses like “sale of goods supply stores” that fall outside the Act's current regulated business categories. At the same time, the unanticipated appearance of foreign distribution companies into a proverbial blind spot of the Act is exposing problems arising out of the implementation of the Act's specific operating regulations. In the midst of such increasing confusion, how long will the debate between the justification of the business regulations and its legal form continue? Now is the time to analyze the basic structure of the existing business categories under the Act in order to realize meaningful development in harmonizing a unified interpretation and standards reflecting actual business conditions at present. As the first step of such a discussion, I analyze the current business conditions classification of the Act. Then, I suggest ways to improve and modify the classification system to clarify vague terms and concepts in order to reflect the distribution business in actual practice in South Korea today. Lastly, I propose reconsidering the restrictions of the business conditions so as to provide a sustainable balance of prosperity for both large companies and small businesses regulated under the Act. In addition, I recommend restructuring the Act's framework of the business categories of regulation through which sales of large and small businesses desiring to promote a win-win for business regulation, distribution and promotion of the development of the industry in the retail industry and market to market regulatory framework for the operation of market entrants.