「중소기업창업지원법」상 창업사업계획 승인에 관한 법적 쟁점

The 「Small and Medium Business Startup Support Act」 seeks to revitalize the economy through simplification of procedures for starting up small and medium enterprises. For the purpose, the approval has been recognized when the process period has expired in the application for approval of the Startup Business Plan, and the process period has been also reduced through amendments of the Act. According to the 「Small and Medium Business Startup Support Act」, the process period for the application for approval of a Startup Business Plan has already been confirmed through relevant precedents, and the approval means approval within 20 days on the premise that consultations are made. In other words, approval is considered under the 「Small and Medium Business Startup Support Act」 when the 20 days pass without consultation. However, nevertheless, if no consultation is made, the Supreme Court requires that a separate application procedure be followed as it is deemed that permission has not been granted under other laws and regulations. However, this position of the Supreme Court does not seem to fit the purpose of shortening the process period through amendments to the 「Small and Medium Business Startup Support Act」, and the precedents of the Supreme Court does not seem to fit the purpose of the legislation to make it easier to start a business through further simplification of procedures. Rather, this position of the precedents means that the 「Small and Medium Business Startup Support Act」 has had side-effects because it unreasonably shortened the review period due to populism. The precedents of the Supreme Court cannot but be contradictory in light of the purpose of the legislation and the progress of its amendments. In the future, regarding the approval of Startup Business Plans under the 「Small and Medium Business Startup Support Act」, it is necessary to acknowledge the inadequacy of the review period and to rationally revise it to fit the reality.