매장이 분양된 대규모점포의 대규모점포관리자 신고제도 개선방안에 관한 연구

Department stores, large shopping malls, and specialty stores commonly found in urban areas fall under the category of superstores according to the Distribution Industry Development Act. To open such superstores, an establishment registration of superstores is required, and the person who completes this registration is referred to as an operator of superstores. Operators of superstores perform tasks such as establishing commercial transaction order within the superstore, maintaining consumer safety, and managing the maintenance of the superstore. Among these superstores, there are those where salesrooms are sold individually, known as superstore retail condominiums; these are managed by a manager of a superstore rather than the operators of superstores. To become a manager of a superstore, one must file a report, and management duties can only be performed once the report has been accepted. However, the reporting system for the manager of a superstore has many legal shortcomings regarding management during the gap period before the manager is organized and procedures for replacing inappropriate managers, failing to sufficiently protect the rights and interests of salesroom occupants. To resolve this problem, temporary management obligations and responsibilities for ensuring accounting transparency should be imposed on operators of superstores until a manager of a superstore is reported, thereby minimizing the management gap. Additionally, the current practice of limiting the qualification for the manager of a superstore only to corporations should be improved. Qualifications should be made more practical to allow management entity in the form of unincorporated associations, associations of salesroom occupants, and professional management companies agreed upon by merchants to become managers. To enhance democratic management and operation, instead of having a person who directly operates more than half of the salesroom area automatically become a manager of a superstore, it is necessary to require the consent of salesroom occupants before they can be reported as a manager of a superstore. Decision-making procedures also need modernization, such as the introduction of electronic voting through mobile phone authentication. Furthermore, to prevent complacency of the manager of a superstore, a five-year re-confidence system should be introduced, and registration for modification procedures should be overhauled to allow the replacement of a manager with the consent of more than two-thirds of the salesroom occupants, even without an agreement or a waiver from the existing manager. Finally, if the requirements for a superstore are lost due to a change in use, legal grounds should be established for administrative authorities to cancel(withdraw) the establishment registration of superstores ex officio, ensuring that administrative dispositions, such as report acceptance, do not diverge from reality. Such institutional improvements will establish a transparent management system for superstores, protecting the rights of salesroom occupants and contributing to the establishment of a sound distribution order in the retail industry.