소상공인 생계형 적합업종 지정에 관한 특별법 일부개정이 바꾸는 절차와 기준 — 제1조·제2조 문언 정리

무엇이 바뀌었나

The reasons for the partial amendment of the Special Act on the Designation of Suitable Business Types for the Livelihood of Small Business Owners (Act, promulgated on 2026-09-29, effective on 2026-09-29), made public on the National Law Information Center, state as follows: The purpose is to soften penalties so that, where a large enterprise, etc. has acquired, commenced, or expanded a business of a suitable business type for the livelihood of small business owners, criminal punishment is applied only in cases where the Minister of SMEs and Startups has first issued a corrective order and the corrective order has not been complied with. <Provided by the Ministry of Government Legislation>

This partial amendment aligns the subjects, procedures, and terminology of the relevant provisions (Article 1, Article 2, and Article 3) to accord with amendments to higher-level statutes or institutional reorganization. No effect beyond the scope of the provisions set out in the original text is conjectured.

조문으로 확인할 것

Readers may directly compare the pre- and post-amendment wording of Articles 1, 2, and 3 in the comparison table of former and current provisions and the reasons for enactment and amendment at the original text link of the National Law Information Center (https://www.law.go.kr/LSW/lsInfoP.do?lsiSeq=290199). In particular, one needs to read carefully, on a sentence-by-sentence basis, how the holders of authority, the counterparties to notification and enforcement, and the wording of the requirements have changed.

One needs to verify by comparing the main text and the Additional Provisions together what criteria the transitional provisions (Additional Provisions) between the promulgation date (2026-09-29) and the effective date (2026-09-29) apply to procedures already in progress or to facts that arose previously.

입법에 묻는 것

How does the wording of this partial amendment of the Special Act on the Designation of Suitable Business Types for the Livelihood of Small Business Owners change or specify who, and on what criteria, becomes the subject of determination and enforcement in practical procedures? Does the harmonization of terminology and the system of provisions maintain continuity with the rights and obligations relations of the preceding procedures, or does it require separate standards of interpretation?

When the amended Articles 1, 2, and 3 are applied to actual case records and disposition procedures after the effective date (2026-09-29), what points need to be additionally clarified in subordinate regulations or enforcement guidelines in relation to the parties' right of defense, right to participate in procedures, or channels for raising objections?

다시 볼 조건

If subsequent amendments to the Special Act on the Designation of Suitable Business Types for the Livelihood of Small Business Owners, or further harmonization of the relevant higher-ranking Acts, Enforcement Decrees, or Enforcement Rules, are promulgated, this note will be rewritten. At that time, the changed article numbers and the time of application of the Additional Provisions will be checked again against the original text and updated.