대규모유통법 규제 재검토 논의를 위한 조항별 판례 분석

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.