동아세아 공동시장의 형성과 경쟁법의 과제
International Legal Order and Domestic Law ; Tasks of Competition Law for Establishing an Economic Community in East Asia

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서울대학교 법학연구소
법학, Vol.46 No3 pp.140-158
동북아시아(North East Asia)동아시아가 하나의 공동시장시장경제체제에 제대로 편입경쟁법
After China introduced the market economy, the volume of economic exchange
and cooperation in East Asia grew more rapidly. In order to promote this
cooperation, one could also expect to establish a common market in East Asia
also, similar to EEC and NAFTA. However, there are many obstacles that
prevent the establishment of the common market in this area. Therefore it is
highly recommended for the legal professionals to join in research to remove
these obstacles. This paper, in order to promote this effort, focused on
conducting research only in competition law.
Most countries in East Asia have introduced competition law, in order to
maintain the proper function of the market economy. Japan was the first country
in Asia to introduce a competition law, followed by Korea and Taiwan. China is
still in the process of legislation since joining the WTO. In general, competition
laws prohibit or regulate monopolies and oligopolies, mergers, collaborative acts
and unfair trade practices in order to maintain or promote free and fair
competition; in this aspect, the competition laws of East Asian countries are the
same. The competition law of each country, however, shows substantial
differences in specific content and regulatory procedure.
The countries in East Asia need to develop their institutions to meet the
global standard by means of comparing and examining their institutions and
experiences with those of Europe and the United States at the same time as
verifying the characteristics of Asian competition law and overcoming the
limitations of these through their mutual comparison and research. In order to...
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 46, Number 1/4 (2005)
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