SSM의 규제에 대한 법적 정당성에 관한 고찰

Abstract

Korea economic operations 'line growth, after distribution'. There are a variety of issues on the back of fast growth that favoring family-run, conglomerates and the rich economic growth and the international financial crisis (InternationalMonetary Fund crisis; IMF). Economic growth began after many years have passed, but so far, the issue of the problem of equal development and distribution of national economy have yet to be resolved. Essentially, it aims to reform the 「economic democratization 」claims. There efforts that small and medium-sized business protection, conglomerate reform to relieve suchpolarization. In particular, There are interested in a supermarket which is the Foundation of the low-income class. There is needed research on balanced regulation retailers owned by large companies (Super Super Market; SSM) for the development of the low-income class. We should the ongoing discussions that the effectiveness of the business coordination system, Opening hours regulationsand so on. There is a noticeable gap in competitiveness between the souks, traditional markets, small shops and Nationwide big capital strength. If department stores and hypermarkets, and retailers owned by large companies are opening in small business sector accredited or local mall, Many of the Independents would suffer. Measures is needed for the balance of economic development that small business operators could coexist with SSM. 「distribution industry development Act」, which amendments to the regulations, Article 12-2 regulations large stores, limiting opening hours and specify none of the ups and so on. The local governments shall be determined by the ordinance the specific requirements necessary for the assignment. Inaddition, 「law on promoting small and medium-sized cooperative/」article 32 the provisions concerning business settings application. Small businesses can apply for a business to business setting whenever the sector of small and medium-sized business would have a significantly adverse effect or stability concerns are recognised as having started or expanded by the acquisition of abusiness. This polarization is a bridge-based regulations it should solidify win-win partnerships, the company enhances the competitive balance between. Itis expected to the national economy is based on persistence features chapter. And of course the 「Constitution 」no. 119 (2) is distorted if the economy to a market economy, the democratization of the country for active intervention(regulatory) and adjustments. However, large corporate management and control of the country for the following limits. First, there needs to be a long season even though the country's economic intervention stuck out in keeping with the principles of the supplement. Secondly, the Foundation of the free market economic order which shall remainthe principle of private autonomy. Third, the rule of law will have to complywith the principles of the country. Fourthly, in article 37 (2) 「the Constitution」regulations and violation of the rights of the individual, as in the case for information that is essentially required within limits and should not be violated. On the other hand, the democratization of the economy related to the interpretation of article 119 「Constitution」views the conflict. There are anumber of views 「Constitution」paragraph 2 of article 119, paragraph 1 of the issues involving the relationship principles and exceptions. As a general rule, individuals and businesses with economic freedom is guaranteed and exceptionally economic regulation and adjustment is allowed. However, It is the need to understand that two provisions, both sides mutually closely associated inthe unique functionality. As above, not only for each individual act of the Constitution regulate the SSM also to admit the legitimacy of that regulation. But small andmedium-sized and small business protection, and regulatory reform for the economy than could fit in a conglomerate of democratization, it is hard to take. Due to the nature of the market economy to regulate the tightening can cause inconvenience to the consumers and from large corporations to small andmedium-sized parts supply House Nassau business sales setback can become adebt. Therefore, a true market economy in order to achieve the democratization of the economy in the area is the creation of concrete and effective policy isneeded. This also ensures that the laws with regard to strengthening the livelihoods of low-income, part-time, contract, and employment law for the establishment of a sound welfare policy, such as the stability in this should bebacked up.