일본의 도매시장법 개정이 우리 농안법에 미치는 영향에 대한 소고

Abstract

The purpose of this paper is to examine the impact of the amendment of Japanese Wholesale Market ACT (Act No. 35 of 1971) in 2018 on our ACT on Distribution and Price Stabilization of Agricultural and Fishery Products (SAFact). Several facts have been confirmed for this purpose. First, the wholesale market and the legal system for agricultural and fishery products in Korea have been strongly influenced by Japan from the beginning. This influence does not seem to have changed much from Market Rules (Nr. 136) in 1914 to SAFact. Second, the contents of the enactment of Japanese Wholesale Market ACT and the revisions in 1999 and 2004 were confirmed, and the causes of these revisions were introduced. In addition, the revised contents of Japanese Wholesale Market ACT in 2018 were compared with the contents of 2014 revision. As a result of the amendment in 2018 we conclude that Japanese Wholesale Market has changed from a market that guarantees fairness to a market that pursues efficiency only. Third, we confirmed the structure of SAFact and introduced the amendment of SAFact since 2000. In addition, we tried to analyze the relationship between these amendments to the amendments of Japanese Wholesale Market ACT. We believe that the contents of the individual amendments have been strongly influenced by the amendments of Japanese Wholesale Market ACT in 1999 and 2004. Therefore the amendment of Japanese Wholesale Market ACT in 2018 is sensitive to our academic and business walkst. In conclusion, we analyzed whether these sensitive responses are valid from the view of Comparative Law. For this purpose, we introduced the meaning of comparative Law. In this regard, the Japanese wholesale market and our wholesale market are not comparable. It was also criticized that the introduction of various institutions under the influence of Japan into our SAFact was also done without comparative legal arguments. Therefore, we argued that we should no longer be bound by Japanese Wholesale Market ACT, but should form our own legal system.