대기업집단의 동일인 지정제도 개선에 관한 소고

Abstract

Despite the need for “the same-person nomination system”, no transparency in its definition of the same-person and ambiguity of its nomination procedures of the KFTC can be pointed out. The issue of whether the business group is large and to what extent the “the same person related person” should be put in differs. Whether the same person of the large business group is individual or company, the discussion about the regulation of large business group may start differently. Revising or enacting discretionary rules related to procedures of the same person nomination should be made with transparency and predictability. The KFTC should design rules about the need, definition, requirements, designation procedures, and verification procedures as soon as possible. And it is very important as a short-term means to solve the current problem. In the process, the KFTC should go through a careful and transparent process of collecting opinions to establish predictable and general standards rather than a simple approach. Issues such as changing the same person or designating and changing foreigners as the same person is very important process for regulating the large company groups. If the KFTC violates the criteria for discretionary judgment, it will be subject to litigation as an illegal disposition. In addition, it is emphasized that the improvement of the nomination system for the same person does not end the problem, but in the end, it is linked to the improvement of the overall process of the regulation policy for large corporation groups.