1인 창조기업 지원을 위한 법적 과제


A Basic Research for Making Legislation Dealing with a Self-Employed Creative Business


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Recently, the Government has advanced policies to support a self-employed creative business as an opportunity to create new jobs. However, Korean laws and regulations related to small and medium enterprises do not provide legal concepts for the self-employed creative business, legislative foundation for making a market to trade creative ideas or grounds for supporting a stable management of the self-employed creative business. Even, a number of legal restrictions deter an individual from starting out a business. As a basic research for making legislation dealing with a self-employed creative business, this paper aims at identifying legislative tasks for purposes of assisting the self-employed creative business by seeking the legal definition of a self-employed creative business and reviewing the legal and institutional status for assisting the self-employed creative business, based on the relevant laws under the jurisdiction of the Small and Medium Business Administration. First of all, this paper compared similar concepts on the independence in trading relations, taking into account whether the business has personal rights in light of trading or reflecting professional knowledge, whether creativity is involved, or whether the business is carried out in the form of a company. In order to develop the legal concepts of a self-employed creative business, it is desirable to define a self-employed creative business according to a qualitative standard of trading "creative knowledge," rather than a quantitative standard of "sole proprietorship." Second, for facilitating a self-employed creative business, it is required to make legislation in a new form focused on the knowledge-based industry, to provide legal grounds for supporting the start-up of a self-employed creative business and establishing intermediary organizations, such as an association for self-employed creative business, and to set up a system to evaluate support policies. Against the background, such policies to facilitate a self-employed creative business shall be designed to supplement the existing industrial structure, which is centered on the traditional manufacturing industry. In conclusion, it is appropriate to lay out the legal foundation for encouraging an individual to start up a business, providing support in the course of the preparation of the business, and establishing models to make profits after starting the business.


Ⅰ. 문제의 제기
 Ⅱ. “1인 창조기업”의 법적 정의 검토
  1. 개요
  2. 중소기업의 개념과 1인 창조기업
  3. 사업자등록 여부에 따른 잠재적 기업과 법적 기업의 구분
  4. 1인 창조기업의 정의와 지원정책 대상업종과의 체계적합성 검토
  5. 소결
 Ⅲ. 1인 창조기업 활성화를 위한 법적 과제
  1. 개요
  2. 1인 창조기업협회의 특수법인화
  3. 1인지식서비스업의 창업지원에 관한 법적 근거
  4. 지원정책에 대한 평가체제 구축과 법적 근거 필요성
 Ⅳ. 결론


  • 최환용 Choi, Hwan-Yong. 한국법제연구원 연구위원, 법학박사.


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