물류센터를 이용하는 경우 물류비 부담주체에 관한 새로운 법적 접근 - 대규모유통업자와 중소납품업자의 관계를 중심으로

The issue of whether large scale retailers should charge small vendors logistics costs (including transportation fees) has become highly debated recently. The applicable civil law and existing contract law require the small vendor to deliver the goods to the retailor at its place of business and bear the logistics costs incurred as a principal. The Korean Fair Trade Committee, however, argues that it is unfair for the vendor to bear the logistics incurred when the large-scale retailer’s distribution center is used, since the vendor has no other choice, but to use it. However, the business model using a logistic center between vendors and distributors in the industry is emerging to maximize profits by streamlining the manufacturer and the distributor's supply chain. That is, when the use of distribution centers to ensure competitive prices for consumers throughout the interests of reducing logistics costs and inventory management costs to become profitable for both vendors and distributors. Nevertheless, if using the distribution center is considered as an unfair business transaction, the optimization of supply chain transactions will decrease. To strengthen industrial competition, the optimization of supply chain transactions should be developed with the cooperation between the parties for the benefit to all. The key elements of the gain sharing transaction are how to calculate and share the common gain. The creation of a monitoring committee as the executive organization is crucial for oversight of contracts from the moment a contract is entered into until it is terminated. Furthermore, a new legal approach for various gain sharing transactions are needed in order to reduce the conflict between franchisor and franchisee. In order to strengthen the competitiveness of our industry, trading entity must come together as a partnership to strengthen the supply chain with a view to jointly pursue profit through competitive pricing for consumers. The key to building these partnerships are how to transparently calculate the distribution of shared profit from its implementation process to the end of the liquidation with a promotion monitoring committee as a mechanism to review the contract and make suggestions. In addition, as new transactions appear in between franchisor and franchisee, the distribution of the achieved profits between the parties pursuant to joint interests, such as the regulation of the delivery quantity and timing can be achieved. The new legal frame is presented in the article will be a useful tool in the resolution of the dispute.