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전력산업과 공정거래법 : Fair Trade Law in the Electricity Industry
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- Authors
- Issue Date
- 2005
- Publisher
- 서울대학교 법학연구소
- Citation
- 법학, Vol.46 No.1, pp. 193-226
- Keywords
- 시장경제 기본 ; 독점금지법(antitrust law) ; 경쟁법(competition law) ; 전력산업의 특성 ; 공정거래관련법
- Abstract
- In every industrialized country it has been normal practice for governments to
involve themselves in the energy business, and especially in the activities of the
electricity industry. In Korea the government has not only engaged in the
electricity industry, but also regulated the industry since 1960. Although the
government has endeavored to restructure and deregulate the electricity industry
since 1980, the industry is still owned by public enterprises and remains as
regulated industry. The electricity industry is still in the process of restructuring
and transforming from regulated industry to competitive one.
On the other hands, Korea enacted the fair trade laws such as Monopoly
Regulation and Fair Trade Act in 1981 and Fair Subcontract Transactions Act in
1986 and Adhesion Contract Regulation Act in 1987 to ensure free competition
and fair trade in the markets. However, the fair trade laws have been not
applied to the electricity industry until 1986. Fair Trade Commission began to
apply the laws to the electricity industry, after the government encouraged to
restructure public enterprises and deregulate electricity industry in 1990.
This paper aims to analyse the various cases which the Fair Trade
Commission and the Supreme Court applied the fair trade laws to the activities
of electricity industry. For this purpose the paper started to describe the
characteristics of electricity industry and then explained briefly the outlines of
fair trade laws. This paper recognized that most of decisions and judgements of
the Commission and the Supreme Court are focused on the abuse of market
dominant position and unfair trade practices, unfair conditions of contract by the...
- ISSN
- 1598-222X
- Language
- Korean
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