Earticle

초록

영어

The purpose of this report is to enhance the systemic coherence of laws for the support of small and medium enterprises and thus to help to make more efficient and effective legislations that provide actual support for small and medium enterprises. Small and medium enterprise support laws have been made overlapped according to requests of various small business operators in each sector, and they consists of several 'special acts' without the consideration for the systemic coherence. With this trend continued, they become less and less valuable in terms of the systemic coherence and are not helpful to small and medium enterprises, sometimes they act as an obstacle to business activities of small and medium enterprises as we can see the example of the 'Business plan permission system'. In this article, I checked this problem in this point of view. In supporting laws for the commencement of enterprises, they do not have coherent and united system to support all business starters, but they are divided into various parts such as women, the handicapped, small-business operators, etc. Therefore, they are regarded as less effective and comprehensive. It need that overlapped and non-systematic laws should be reduced to the minimum number of laws such as the with「Framework Act on small and medium enterprise」and a handful of supporting laws. In addition, the relationship between 'Framework Act' and 'Special Acts' shall be reorganized to a system of laws based on the Framework Act. I also suggest the reorganization of articles for the administrative examination, which are currently scattered into various laws regarding small and medium enterprises, for the systemic approach of the administrative examination law. It needs to establish small and medium enterprise support laws which are consumer-oriented and actually helpful to small and medium businesses. To achieve these, the scientific and reasonable legislative analysis and the public debate on the systemic problem should be introduced. As the small and medium enterprise supporting laws are less and less understandable even for the small and medium enterprises as the number of laws and the contents of them increased and complicated. Therefore, I suggest the reorganization of regarding laws into simple and systemic ones with the eye of legislators and persons in charge of policies that can overview all policies regarding small and medium enterprises.

목차

Ⅰ. 머리말
 Ⅱ. 중소기업 지원법제의 현황과 체계상의 일반적 문제점
  1. 중소기업 지원법제의 현황
  2. 최근 입법환경의 변화와 법령 체계의 문제
  3. 중소기업 지원법제의 체계적 정합성
 Ⅲ. 창업지원 법제의 체계상 문제점과 개선방안
  1. 창업지원 법제의 개관
  2. 창업지원 법제의 문제점
  3. 창업지원 법제의 개선방안
 Ⅳ. 중소기업에 대한 행정 실태조사 법제의 개선사례
  1. 행정 실태조사 법제의 종전 현황과 문제점
  2. 행정 실태조사 법제의 개선방안
  3. 행정 실태조사 법제의 개선 추진 결과와 평가
 Ⅴ. 중소기업 지원법제의 체계 정합성 향상을 위한 몇가지 방안
  1. 중소기업 관련 법률 수의 축소를 통한 체계 간결화
  2. 기본법과 특별법ㆍ개별법 관계의 체계화
  3. 수요자 위주의 실질적 지원이 가능한 법제 마련
  4. 입법평가를 통한 과학적ㆍ합리적 분석과 체계 문제의 공론화
 Ⅵ. 맺는말
 Abstract

키워드

저자

• 한상우 [ Han, Sang-woo | 법제처 창의정책담당관. ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  아주법학 [Ajou Law Research]

• 간기

  계간

• pISSN

  1976-3115

• 수록기간

  2007~2026

• 등재여부

  KCI 등재

• 십진분류

  KDC 360 DDC 340