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논문 기본 정보

저자정보
(한국교통대학교)
저널정보
한양법학회 한양법학 한양법학 제30권 제1집(통권 제65집)
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    초록·키워드

    Under the “Special Act on Designation of Livelihood Type Businesses Suitable for Micro Enterprises”, which took effect on December 13, 2018, made new provisions for designation of ‘Livelihood Type Businesses Suitable for Micro Enterprises’ for the guarantee of one`s right to live of micro enterprises. This has taken a step further from the ‘Business Types Suitable for Small-Medium Enterprises’ under the current “Act on the Promotion of Collaborative Cooperation between Large Enterprises and Small-Medium Enterprises”.
    This paper looked at relevant issues with regard to the legal validity, particularly the unconstitutional nature of the system of livelihood type businesses suitable for micro enterprises. First, the history of the business types suitable for small-medium enterprises that are closely related to this system was summarized. And the key details specified by the Livelihood Type Businesses Suitable for Micro Enterprises Act and the Enforcement Decree of the same Act were clearly indicated. Then the matters like constitutional restrictions on the fundamental rights was discussed.
    There are conflicting opinions about the system in terms of economic effectiveness and legal validity, but it is unlikely that the system will violate the Constitution according to the Constitutional Court’s related decisions. However, if problems that were unexpected or overlooked at the time of drafting the system occur in the course of implementation of the law, efforts to reflect them immediately will also need to be made.

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      UCI(KEPA) : I410-ECN-0101-2019-360-000558256