학술논문

「중소유통업 육성에 관한 법률안」 제정에 관한 소고
A Review on the Enactment of 「A Bill on the Development of Small and Medium Distribution Industry」
Document Type
Article
Text
Source
입법학연구, 02/28/2023, Vol. 20, Issue 1, p. 65-94
Subject
유통산업발전법
소상공인
중소유통업
입법
상생협력
Distribution Industry Development Act
Small business owners
Small and medium-sized distribution industry
Legislative
Win-win cooperation
Language
Korean
ISSN
1229-9251
Abstract
The 「Distribution Industry Development Act」 was enacted following the liberalization of the distribution industry in 1996 to prevent large retailers from collapsing local commercial districts such as traditional markets and to promote balanced development. However, to protect small business owners and local commercial districts, the Distribution Industry Act has been repeatedly amended in a way of strengthening regulations to the point where the purpose and name of the legislation are overshadowed, such as restrictions on business hours of large marts, mandatory holidays, and bans on online sales activities. There are conflicting opinions on such regulatory effects, and in the future, it is pointed out that laws and systems are necessary to actively support the small and medium-sized distribution industry and lay the foundation for growth by getting out of the one-sided regulatory method. In addition, small and medium-sized distribution companies such as small business owners and small distribution businesses, account for the majority of the distribution industry, so win-win cooperation between large companies and SMEs is a very important task. The main legal role of the 「Distribution Industry Development Act」 was to promote the industry centered on large companies, but now, it is the time for a transition to win-win cooperation between large and small distribution companies. Accordingly, to develop the small and medium-sized distribution industry and improve its competitiveness, independent of the existing 「Distribution Industry Development Act」, it is necessary for the government to enact 「A Bill on the Development of Small and Medium Distribution Industry」 with comprehensive regulations to protect and foster small and medium-sized distribution merchants, as a law under the jurisdiction of the Ministry of SMEs and Startups. Hence, this study aims to present a reasonable legislative direction with an analysis of the feasibility of enacting the 「Act on the Development of Small and Medium Distribution Industry」 for the growth and development of small and medium distribution companies.