유통산업발전법상 대형마트 영업규제에 관한 연구
Legal study on the business restriction of large retail discount stores
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After the business restrictions of the Distribution Industry Development Act (hereafter referred to as "Act") of 17, January 2012 came into effect, controversy arose over the issue of restricting the business hours of Large retail discount stores and Super Supermarkets(hereafter referred to as ‘Stores’). In January of 2013, amendments were made to the Act to tighten operators’ business hour regulations, and in response Stores, along with their suppliers are preparing to file a constitutional appeal against the amendment. Nevertheless, the National Assembly has initiated amendments to the Act in order to strengthen Stores business hour restrictions and regulations. Changes in the Distribution Industry structure and consumption patterns has lead the Small Distributor Industry, consisting primarily of Traditional Markets and Small Merchants, to the verge of collapse. This situation has magnified due to the sudden increase in the number of Stores. Ultimately, this problem expanded into that of social structure instigating the demand for the protection of small merchants and regulations of large enterprises, thus Article 12-2 of the Act restricting business hours of Stores is the product of such demands within the distribution industry. Local governments established ordinances and according to the regulations each Mayor authorized restrictive measures regarding business hours and designating mandatory off-days for Stores. Stores filed a revocation litigation based on the illegitimacy of dispositions restricting business hours and as a result of the success of this lawsuit, the attitude towards the regulations were slightly mollified. However, this result does not judge the legality of restricting business hours of Stores. Rather, this adjudication focuses on the discussion of the limitations of ordinance enactment authority through this regards the legality of ordinance and its resulting violation of dispositions, thus there is a need to evaluate the administrative legal issues. In addition, as the issue of the litigation was not an assessment of the system itself, the actual profitability of the discussing the constitutionality of business hour restrictions through the Act is indisputable. Comparable to economic regulations, distribution industry regulations are largely affected by the environment in which they are applied. In a societal structure with a majority of self-employed workers, increase of discussions to democratize the economy and in the constitutional court where political bias is inevitable, making a decision on unconstitutionality regarding business hour regulations of the Act cannot be simple. However, considering all parties including Stores, Small Merchants, and consumers, it is necessary to examine what policy can further the competitiveness of the distribution industry.
Abstract
After the business restrictions of the Distribution Industry Development Act (hereafter referred to as "Act") of 17, January 2012 came into effect, controversy arose over the issue of restricting the business hours of Large retail discount stores and Super Supermarkets(hereafter referred to as ‘Stores’). In January of 2013, amendments were made to the Act to tighten operators’ business hour regulations, and in response Stores, along with their suppliers are preparing to file a constitutional appeal against the amendment. Nevertheless, the National Assembly has initiated amendments to the Act in order to strengthen Stores business hour restrictions and regulations. Changes in the Distribution Industry structure and consumption patterns has lead the Small Distributor Industry, consisting primarily of Traditional Markets and Small Merchants, to the verge of collapse. This situation has magnified due to the sudden increase in the number of Stores. Ultimately, this problem expanded into that of social structure instigating the demand for the protection of small merchants and regulations of large enterprises, thus Article 12-2 of the Act restricting business hours of Stores is the product of such demands within the distribution industry. Local governments established ordinances and according to the regulations each Mayor authorized restrictive measures regarding business hours and designating mandatory off-days for Stores. Stores filed a revocation litigation based on the illegitimacy of dispositions restricting business hours and as a result of the success of this lawsuit, the attitude towards the regulations were slightly mollified. However, this result does not judge the legality of restricting business hours of Stores. Rather, this adjudication focuses on the discussion of the limitations of ordinance enactment authority through this regards the legality of ordinance and its resulting violation of dispositions, thus there is a need to evaluate the administrative legal issues. In addition, as the issue of the litigation was not an assessment of the system itself, the actual profitability of the discussing the constitutionality of business hour restrictions through the Act is indisputable. Comparable to economic regulations, distribution industry regulations are largely affected by the environment in which they are applied. In a societal structure with a majority of self-employed workers, increase of discussions to democratize the economy and in the constitutional court where political bias is inevitable, making a decision on unconstitutionality regarding business hour regulations of the Act cannot be simple. However, considering all parties including Stores, Small Merchants, and consumers, it is necessary to examine what policy can further the competitiveness of the distribution industry.
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