공정거래법상 중소기업정책의 반영에 관한 연구

Abstract

The small-medium sized business policy could be considered enormously important in the process of the operation of national economy. In the past, the small-medium sized business policy had been treated from a protectional perspective, on the other hand, it has been given a fundamental tasks to integrate the small-medium sized business policy and the competition policy, since our economy entered in the developed countries. So it is necessary to review the Monopoly Regulation Act from the perspective of the small-medium sized business policy. And to be fulfilled these issues effectively, it is necessary to keep a balance and integrate two approaches to the issues, to protect the interests of the small-medium sized business and to regulate the restraints of the big company against the small-medium company. To protect the small-medium sized businesses, without a competent ability to compete with the big companies, there are the provisions to exempt the acts of the cooperatives among the small sized companies in article 60 in the Monopoly Regulation Act. To raise the effectiveness the provisions, it is necessary to reform the definition of the small sized companies and re-coordinate the scope of the exemption by the provisions. And by article 19 paragraph (2) in Monopoly Regulation Act, the cartels authorized by the Fair Trade Commission for strengthening the competitiveness of small-medium sized companies shall not be prohibited. As to the operations of such provisions, the perspective of the small-medium sized business must be reflected too. And to determine the restraints of competition or to regulate the economic concentration, specially general concentration, the interest of the small-medium sized business must be importantly considered.