EU 공급망실사 지침(CSDDD)의 입법에 따른 공정거래법적 쟁점과 대응

The enactment of the European Union’s Sustainable Supply Chain Survey Guidelines (CSDDD) in 2024 is a representative example of ESG regulations on business activities being legislated, and at the same time, it is considered a factor that increases management uncertainty for domestic companies. As a result, Korean companies are also busy preparing countermeasures. Accordingly, domestic companies are also busy preparing countermeasures. Currently, the norm that has the most direct contact between CSDD and the domestic legislation and is highlighted as a legal risk to domestic companies is regulations prohibiting management interference on the Fair Trade Act. This is because there is a possibility that a series of actions that investigate, supervise, and guide domestic companies subject to CSDD may be regulated by management interference under these norms to prevent them from engaging in business activities that infringe on public interests such as human rights and the environment. This paper examined whether the global regulatory environment related to supply chain due diligence could conflict and conflict with management interference under domestic laws and regulations related to fair trade, and diagnosed whether the concerns on the business side were legally and practically realized. Based on this, a detailed analysis was conducted on whether institutional supplementation was necessary and, if necessary, in what direction the security should be sought.