공정거래분쟁조정법 제정안에 관한 고찰 - 지자체 시‧도 분쟁조정 활성화 중심으로 -

Abstract

Disputes, large and small, can easily arise in transaction relationships between businesses. In addition to non-performance of contract such as the seller's liability for defects and delay in product delivery, the dispute mediation system can be used if the actions of one party constitute a violation of fair trade laws. Dispute mediation is a system in which the parties directly participate and autonomously resolve the dispute and receive compensation for damages. On August 21, 2024, the enactment of the “Act on Mediation of, Disputes Related to Fair Trade (‘Fair Trade Dispute Mediation Act’)” was proposed. This enactment is intended to integrate dispute resolution-related regulations scattered across a total of six laws, including the Fair Trade Act, Franchise Business Act, Subcontracting Act, Large-Scale Distribution Business Act, Terms and Conditions Act, and Agency Transactions Act and to comprehensively overhaul and improve the current dispute resolution system. In the field of fair trade, there is a legal basis for establishing a local government dispute mediation committee regarding franchise business and agency transactions. Local government dispute resolution committees should also be activated through the Fair Trade Dispute Resolution Act. in some laws, the reason that the authority to establish dispute mediation committees was shared with local governments is it was highlighted that franchise operators and dealer operators are important policy beneficiaries as small business owners of local governments. It is the result of the efforts of local governments to localize fair trade, in the metropolitan area since 2015, solidarity among the metropolitan area, and cooperation with the Fair Trade Commission. Local dispute resolution committees are achieving certain results in resolving disputes in franchise business transactions. This study examined issues of jurisdiction, expansion into other fair trade fields , and issues for revitalizing collective dispute mediation and sought solutions to revitalize local government dispute mediation committees through the Fair Trade Dispute Mediation Act.