「대·중소기업 상생협력 촉진에 관한 법률」(상생법)의 의의와 개선에 관한 고찰

In principle, the problem of protecting small-medium businesses presumes their relationship with large companies. The relationship between small-medium and large companies involves both horizontal and vertical relationships, and The former assumes that the both are in a competition and the latter assumes that the both meet as a trading party under a vertical relationship. In either case, the policy should be pushed in so direction that the protection of small-medium companies can lead to better competitiveness of them and ultimately contribute to the national economy. There are various laws regarding the protection of small-medium companies. But of these, “Act on the Promotion of Collaborative Cooperation Between Large Enterprises and Small-Medium Enterprises”(hereinafter Collaborative Cooperation Act) has a special meaning. This act is intended for the collaborative cooperation of both parties, and based on it, are directed toward economic structures that both grow together. To realize such a legislative purpose, Collaborative Cooperation Act typically has legal systems for business types and items suitable for small-medium enterprises in horizontal relation and for regulations of the unfair practices in transaction effected on consignment and commission in vertical relation. But it is questionable whether Collaborative Cooperation Act is sufficiently contributing to the realization of objectives. The improvement of the legal system in Collaborative Cooperation Act should be continued in order to ensure the integrity of the legal system operation and to increase the effectiveness of regulation. Furthermore, discussions will be needed to improve the operation of fair distribution of results of win-win cooperation and strengthen the authority of the consultative Counsel of commissioned enterprises.