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대ㆍ중소기업의 갈등해소 방안 -대·중소기업간 거래 공정화를 위한 법적 개선방안을 중심으로-Alternative Solutions to Mitigate Large Enterprises-SMEs Conflicts in Korea

Other Titles
Alternative Solutions to Mitigate Large Enterprises-SMEs Conflicts in Korea
Authors
박정구
Issue Date
Aug-2010
Publisher
한국상사법학회
Keywords
Large Enterprises-SMEs conflicts; unfair transactions practices; win-win cooperation between Large Enterprises and SMEs; demand monopoly; subcontract; SME policies; Fair Transactions in Subcontracting Act; Monopoly Regulation and Fair Trade Act; 대·중소기업간 갈등; 불공정거래행위; 대·중소기업간상생적 협력; 수요독점; 하도급; 하도급거래 공정화에관한 법률; 독점규제 및 공정거래에 관한 법률
Citation
상사법연구, v.29, no.2, pp.133 - 173
Journal Title
상사법연구
Volume
29
Number
2
Start Page
133
End Page
173
URI
https://scholarworks.sookmyung.ac.kr/handle/2020.sw.sookmyung/7251
ISSN
1226-3362
Abstract
This paper is concerned with problems and legal solutions of the Large Enterprises-Small and Medium Enterprises(SMEs) conflicts in Korea. Since the financial crisis, the polarization between Large Enterprises and SMEs has become more serious in Korea. the primary cause of the polarization and conflicts between Large Enterprises and SMEs is capability lacking of SMEs and unfair transactions between Large Enterprises and SMEs based on Large Enterprises's demand monopoly. Large Enterprises have abused their dominant positions in transactions with SMEs and have practiced unfair transactions like unfair reduction of subcontract payment, revocation of subcontracting after verbally ordering, stealing of technology in transactions with SMEs etc. To solve the problem of polarization between Large Enterprises and SMEs, we have to adopt the win-win cooperation between Large Enterprises and SMEs. Collaborative subcontracting based on ‘Faith’ and fair transactions between Large Enterprises and SMEs are necessary for the win-win cooperation between Large Enterprises and SMEs. SMEs serve as a source of dynamism of the korean economy and play a leading role in providing goods and services, creating employment opportunities, acting as a seedbed for market competition, and contributing to the development of regional economies and societies. To enable this source of dynamism for the korean economy, the SMEs policies will encourage SMEs to be innovative in business and respond to changes in the business environment, and increase their competitiveness for the growth in the global economy. In order to achieve this,cartel-related exception provision(§19) and controls on Large Enterprises's abusing their dominant positions in 'Monopoly Regulation and Fair Trade Act’ are needed. At the same time, Fair Transactions in Subcontracting Act should be amended towards support for the SMEs policies based on competition policies and the expansion of its application. Furthermore,amendment of report procedure provision(§49) in 'Monopoly Regulation and Fair Trade Act’ and strict enforcement of 'Monopoly Regulation and Fair Trade Act’ and Subcontracting Act are necessary for the collaborative subcontracting based on 'Faith' and fair transactions between Large Enterprises and SMEs.
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