중소기업협동조합의 공동행위 허용 확대 - 중소기업협동조합법 제11조의2 개정을 중심으로 -

Abstract

This study examines various discussions on expanding permission for joint actions by cooperatives, focusing on Article 11-2 of the Small and Medium Business Cooperatives Act(SBA). In conclusion, the current law has several problems that need to be urgently improved. First, the study examines the concept of consumer, which has the most serious problem in interpretation theory. In general, in consumer law, the concept of consumer is relatively weaker than large corporations and is defined as the final patron, while in the SBA, the concept has changed to include large corporations as consumers as well. Since the purpose of the Anti-trust law or the SBA is to protect vulnerable consumers and encourage small & medium-sized business that serve as a yardstick for competitive transactions, it is necessary to ensure that the legal application is consistent with the legislative purpose or to separately define the definition of consumer in the SBA. Next, since the determination of whether consumer interests are violated affects the rights of the offender and imposes obligations, it would be appropriate to make it presidential decree that is enforced under the mandate of law rather than a matter to be notified in consultation with the Fair Trade Commission. Today’s innovation and creative economy has been achieved through the joint actions of small & medium-sized enterprises and cooperatives. Therefore, collective bargaining is collusion when done by large companies, but when done by small & medium-sized companies, it becomes a collaborative act. The abolition of the joint action authorization system has the same purpose.