大規模企業集團法制의 法理的 評價

Abstract

Regulation on the large corporate groups (“Regulation”), introduced in the Monopoly Regulation and Fair Trade Act (“Act”) in 1987, has been a significant hurdle to the free enterprising activities of large companies for thirty years until now. Legal scholars have debated the reasonableness of this Regulation because it targets only normal business transactions. The only reason these transactions are restricted is because the actions were taken by companies of large groups. Such unequality has caused debates about its constitutionality. Moreover, even the effectiveness of this Regulation has not been proven. The government’s purpose for this Rule was to fight the concentration of economic powers in a few large companies. But when the statistical evidence from 1987 is compared to today, there has been no improvement in stopping the concentration of economic powers. This lack of improvement suggests that this Regulation has had no effect on these concentrations of economic powers. Because this Rule is ineffective, it does not satisfy the “properness of means” test as required by the Constitutional Court of Korea whenever the government wants to regulate human rights. With the above discussion, the author denies the reasonableness of this Rule and argues for the repeal of the targeted regulation of large corporate groups.