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영어

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.