한국 독점규제법의 개선
Suggestion to Amend Korean Antitrust Law

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서울대학교 법학연구소
법학, Vol.41 No1 pp.122-145
독과점의 폐해부당한 공동행위불공정거래행위를 규제시장지배적 사업자
The Monopoly Regulation and Fair Trade Act(hereafter “Korean Antitrust
Act” or “the Act”) has been amended 8 times since its enactment in 1981.
Despite the continual efforts of Korean Fair Trade Commission(hereafter
“KFTC” or “the Commission”) to implement the Act for past 19 years, the
principles of a market economy have not been realized and the unfair
business practices have not been eliminated in Korea. This paper aims to
analyse the key problems of Korean Antitrust Act and to suggest its
comprehensive solutions.
First, although many industries have been monopolised or oligopolised
even before the adoption of the Act, the Commission has focused primarily
on controlling cartels and unfair business practices until 1996. Such
limited focus has undermined the effectiveness of this Act, which strives
to promote free and fair competition through the conversion of a
monopolised or oligipolised market structure into a competitive one.
Second, the Act has adopted the presumption of acquiring market
dominant position and of the substantial restraint of competition to
enhance the effectiveness of control against the abuse of market dominant
position and against the concentration of market power by merger. But
this presumptions have not contributed to enhance the effectiveness of the
control, because the standards are reasonably high and complicated. To
enhance the effectiveness of these control, the standards of presumption
should be modified as the level of former German law.
Third, in implementing the Act, the Commission has exercised unbridled
discretion and has chosen to pursue cases an ad hoc basis instead of
developing a coherent and ...
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 41, Number 1/4 (2001)
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