대규모유통법 규제 재검토 논의를 위한 조항별 판례 분석 = A study on Supreme Court Decision of the Act on Fair Transactions in Large Retail Business

다국어 초록 (Multilingual Abstract)

The structure and market environment of the retail industry today is very different from that of 2012, when the Act on Fair Transactions in Large Retail Business was first enacted and implemented. Not only are distribution channels shifting from offline to online, but the commercialization of mobile devices has created a variety of sales channels that are incomparable to those of a decade ago. As consumers have more options, their purchasing behavior has also changed significantly from the past. The most significant regulatory effect of the Act on Fair Transactions in Large Retail Business is that it shifts the burden of proof for abuse of dominance from the KFTC to mass distributors. As such, the Act on Fair Transactions in Large Retail Business has a very strong regulatory effect compared to other antitrust laws such as the Subcontracting Act, so it is necessary to be wary of efforts to lay the foundation for fair competition in a way that shrinks the distribution market or conflicts with the creativity and innovation of business operators. At a time when there are increasing calls for an overhaul of the regulatory framework for large-scale retailers, which was built for the existing offline-oriented retail market, it is very meaningful to look at how the courts have interpreted and applied the provisions of the Act on Fair Transactions in Large Retail Business in order to find the most effective way forward. Considering that courts are bound to have certain limitations in interpreting the text and determining the burden of proof, no matter how much they reflect market conditions and transaction realities, the gaps caused by these limitations are best filled through legislative improvements. This article introduces and analyzes the most recent Supreme Court decisions or major cases in which violations of the Act on Fair Transactions in Large Retail Business were at issue, and explores the direction of reorganizing the Act on Fair Transactions in Large Retail Business.

참고문헌 (Reference)

1 공정거래위원회, "유통분야 판매장려금 현황 및 폐해 개선에 관한 연구" 2012

2 이재형, "우리나라 유통산업의 특성과 정책과제" 한국개발연구원 2010

3 권오승, "독점규제법" 법문사 2018

4 최영홍, "대규모유통업법의 제정과 운용상 쟁점" 한국경쟁법학회 25 : 3-36, 2012

5 서 정, "대규모유통업법의 적용 범위-거래상 우월적 지위의 의미를 중심으로" (4) : 2015

6 최영홍, "대규모유통업법의 입법취지와 적용 범위" 한국기업법학회 30 (30): 249-269, 2016

7 주진열, "대규모유통업법상 판매장려금 규제에 대한 검토" (4) : 2015

8 남윤경, "대규모유통업법상 부당성 판단에 관한 소고" (21) : 2018

9 법무법인(유한)태평양, "대규모유통업법 이론과 실무" 박영사 2012

10 지철호, "대규모 유통업법의 제정 배경 및 의의" (161) : 2012

11 박상용, "대규모 유통업법 시행에 따른 규제환경의 변화와 개선방향" 법․경제분석그룹(LEG) 2012