대규모유통업법의 적용범위 개선 방안에 관한 소고

In light of the Korea Fair Trade Commission's recent efforts to apply the Act on Fair Transactions in Large Retail Business (AFTLRB) to intermediary transactions on online platforms, this article examines various issues related to the scope of the AFTLRB's application. First, the concept of “transactional superior bargaining position” under the AFTLRB is explored. It argues that asymmetrical dependency and the availability of alternative transaction channels should serve as the main criteria for determining such a position, supported by economic theories and comparative legal perspectives. In this context, the recent ruling by the Seoul High Court in the Coupang case is analyzed in detail, highlighting its alignment with the fundamental principles of abuse of superior bargaining position regulation. Next, the article considers the distinct nature of intermediary transactions on online platforms, which differ from the "bulk purchasing" premise of the AFTLRB. Furthermore, given the dual-sided market characteristics of platforms, applying the AFTLRB with a focus solely on one side’s protection could undermine consumer welfare, raising potential concerns. Additionally, the AFTLRB classifies franchise headquarters as large-scale distributors. However, this could inadvertently disadvantage small franchisees in the tripartite relationship among suppliers, franchise headquarters, and franchisees. This issue becomes more pronounced in light of enhanced franchise regulations, such as the recent introduction of mandatory disclosure of the calculation methods for differential franchise fees. Finally, the article questions whether the current AFTLRB regulations are appropriate, particularly as they shift the burden of proof to justify various practices onto distributors with annual sales exceeding KRW 100 billion. This is contrasted with overseas regulatory practices, which typically limit similar regulations to grocery transactions involving distributors with sales exceeding KRW 1 trillion.