대규모유통업법 적용의 전제로서 ‘거래상 우월적 지위’의 의미와 요건

Abstract

As one of a series of laws for fair transaction, the Large-scale Distribution Business Act enacted in 2011 plays a key role in regulating and suppressing the abuse of trading superiority in the domestic distribution industry. However, unlike other transaction fairness laws, this law requires a superior position rather than an actor’s trading position, and if it has a certain size or more of store area and sales, it is applied regardless of the other party’s size. As a result, the relationship and difference between the transaction superior position, which is a key requirement of the same law, and the transaction status under the Fair Trade Act is a theoretical and practical question in theory and practice. This paper compared and analyzed large-scale distribution business laws with other norms related to transaction fairness, while reviewing related trial cases and precedents and analyzing foreign legislation to determine the meaning of superior status in transactions as a requirement. Through this, it was pointed out that even if the difference in status is ambiguous or subtle, it is necessary to be careful in applying regulations on matters where the boundaries between fair trade and civil and commercial disputes are unclear, otherwise it can distort the transaction order or arbitrarily adjust the imbalance between the parties.