韓美 FTA 이후 公正去來法의 과제

The competition chapter of the KOR-US FTA, concluded in April 2007, covered issues related to competition law enforcement, designated monopoly, state enterprises' duties and bilateral cooperation in consumer protection. Among others, introduction of the consent order requires follow-up measures, for which the Monopoly Regulation and Fair Trade Act (MRFTA) should be revised to include related provisions. Adoption of the consent order has long been proposed as a useful means of diversifying remedies, redressing consumer damages and easing the burdens on businesses. The conclusion of the KOR-US FTA represents a new beginning of an era of market opening and competition in Korea. Against this backdrop, Korea needs to shift the policy paradigm from protection to competition and secure competitiveness for sustainable economic growth. Market opening will introduce competition to thus-far monopolized markets enhancing consumer welfare, but it will also call for more efforts to spread competition principle and culture in sectors like services whose level of market opening will be relatively low. More specifically, changes in economic circumstances will bring about new developments not only in the competition law enforcement area regarding abuse of market dominance, cartel and merger but also in areas concerning large company-SME relations and consumer policy. In this respect, Korea should come up with appropriate measures in response to these expected changes.