도매시장법인 「지정」의 법적성질 및 재지정의 보호이익에 대한 검토

Abstract

Agricultural & Marine Products Market has contributed to stabilizing national life through maintaining a reasonable price with taking responsibility for the stable agricultural & fishery distribution amidst our life for a long time. The distribution structure of this Agricultural & Marine Products Market is included a forwarder who has no information on market, a wholesale market corporation that plays a role of representing a group of shipment, a jobber who functions as speaking for the consumer interest, and a wholesale market trader who sells to large-scale distributors, retail dealers and consumers after buying or receiving trust from a shipper. The Agricultural & Marine Products Market is being operated by these entities. And 「law on Agricultural & Fishery Marketing and Price Stability(Law Serial No. 2962)」, which is the Act based on this distribution structure, has reached the present after passing through many revisions since its enactment and enforcement dated on July 1, 1977. In order to step up the competitive edge of agriculture and fishery, to develop a farming and fishing village and to stabilize national life through this revision, the government planned to improve the distribution structure through arranging diverse distribution routes of directly connecting producers and consumers, simultaneously with contributing to the efficiency of agricultural and fishery marketing ranging from the producing area to the consumption site such as vitalizing the function of the producer organization and intensifying the commonweal function of wholesale market. In addition, the aim was to arrange a system for strengthening a coping ability of the wholesale-market operator according to a rapid change in distribution environment such as being organized the producers in the agriculture & fishery producing district and as being appeared a large distributor, and to do own natural role through an institutional change such as introducing various systems for keeping a reasonable price in a producing area. Despite the above efforts, the indication is appearing as saying that a rational system reform is needed for operating a fair and transparent market in order to develop the domestic Agricultural & Marine Products Market while many problem in wholesale market operators are sitting on a hot stove these days. It has ever been recently miscarried what one local government tried to drive the public subscription system of wholesale market corporation for a reason of protecting the producer-and-consumer interests through enhancing this and reinforcing the public function of a government-supervised wholesale market. Accordingly, this study intends to closely examine about whether the fundamental solution is really only to designate it through new public subscription without re-designating the wholesale market corporation with the expiration of the specified effective period at this time of requiring the improvement in distribution structure and the reinforcement in transparency, and to consider of whether there is no legal problem about this and of whether there is other reasonable solution. To do this, it makes use of a legally historical method such as analyzing relevant laws, ordinances, and enforcement regulations, and the by-law of each local government and as figuring out transition process of wholesale market corporation, and a legally sociological method, which empirically analyzes a correlation between law and society, and a documentary survey method of centering on the existing books, theses or precedents.