공정거래법령상 기업집단 계열회사의 판단기준

Abstract

Under the current legal system, the criteria for determining the scope of business groups are presented through Article 4 of the Enforcement Decree of the Fair Trade Act. However, since this regulation contains a number of uncertain concepts and abstract requirements, confusion in interpretation and enforcement issues have been raised. In determining the scope of a business group, both "under-execution" that overlooks the impact of the business group's economic power on the general economy or "over-execution" caused by including situations that are not directly related to the concentration of economic power. In addition, the basic principle of regulation of pursuing optimal enforcement and minimizing enforcement errors should be observed, noting that a new gap between norms and reality may occur within the current regulations, which have been closely supplemented with gaps and deficiencies. Focusing on Article 4 of the Enforcement Decree of the current Fair Trade Act, this article analyzes the issues of criteria for determining the categories or affiliates of large business groups, and develops an interpretation theory of ambiguous parts.