SSM 규제의 법적 쟁점과 공존상생 방안에 관한 연구

Abstract

Nowadays the main issue is the economic democratization. A phase of it is on the subject of conflict between SSM(Super SuperMarket) and Small Retailers. This matter is under discussion now. With the competition among large supermarkets being deteriorated, supermarket companies began to threaten local retailers by increasing direct-operated Super SuperMarket. To settle this matter, small retailers formed public opinions concerning their interests and they require legislate bills against SSM. As a result, the Development of Distribution Industry Act contained the regulating SSM and protecting small retailers was made. Big Store and SSM brought an action of a series of administrative litigation and a constitutional appeal that the ordinance which a local self-government enacted, based on the Act, violated their the freedom of business. Our constitutional law pursues social market economy to be able to regulate and adjust, based on the free-market systems, for the course of social justice and social welfare. Thus Development of Distribution Industry Act and local self-government’s ordinance based on this is constitutional. A arguments regarding regulation of SSM should be found a solution through the mutual cooperation. There are in need of various solutions on these complicated problems, such as supplementing the legislative defects, strengthening the competitiveness of the local commercial supremacy, fulfilling Big Store the voluntary day off, community contribution, social senses of obligation, establishing the mature consumer’s consciousness. We prospect the way of coexistence and win-win between SSM and Small Retailers.