대규모유통업법상 서면계약 요건

Fair Trade Practices in Large-scaled Retail Business Act (hereinafter “FTPLRBA”) was enacted for the purpose of regulating the “invisible violations” committed by the large-scaled retailers over the suppliers more effectively. Those violations are hardly detected by the administration concerned. Under the legal system of the existing Monopoly Regulation and Fair Trade Act, the abuse of trade position and its unfairness, to be sanctioned, is to be evidenced by the Fair Trade Commission. Producers and/or wholesalers, who supply the goods to the large-scaled retailers under the economic dependence in the trade relations, are unwilling to inform the unfair behaviors of the latter for fear of disadvantage and retaliation repaid. It can not be justified to let the unfair practices free of sanction because of difficulties in getting the evidences of unfair behavior to prove. Therefore, FTPLRBA has contained both the provision to require the contract concluded by the parties to be in writing and the provision to shift the burden of proof from the Korea Fair Trade Commission to the large-scaled retailer respectively. This paper reviews some of the provisions of FTPLRBA, which are related to the requirement for the records and signatures when the distribution contract is concluded between the parties thereto. There are some flaws in the provisions, while they have good reason to be inserted in the Act considering the purpose thereof as a whole. There is no need to require the signature on the contract documents, and the electronic certified signature on the electronic record in the electronic business setting, of the suppliers. Such requirement gives the suppliers rather harms than benefits. Unnecessary regulation should be avoided.