부당한 고객유인행위의 법적 검토

Art. 23 para. 1 of MRTFA regulate the unfair trade practice. The unfair inducing practice stands one of such conduct. Normally the unfair trade practice is prohibited because it harms to competition. But the unfair inducing practice affect the ability of the right decision of consumers, as the Guideline for the implementing Art. 23, it should be estimated through the unfairness of trade means and ways. The inducing practice can be considered as the violation of the competition law if it is 'unfair' or 'deceptive'. The former means the offer unfair or unreasonable economic advantage. KFTC have very strict attitude to such unlawful practices in the home-delivery newspaper market and to illegal rebate practices in the pharmacy industry. The latter covers the seriously behavior which misleads or deceives consumer. The purchasing-related excessive gifts are regulated by the independent Guideline. Actually the praxis of KFTC has given more focus on the anti-competitive aspect of the unlawful inducing practice. But when KFTC makes a decision against that, unfairness test must precede the anti-competitiveness test, because the anti-competitive exclusive behavior is regulated separately. Conclusionally "consumer welfare" or "freedom of consumer choice" should be mostly considered by evaluating the illegality of the unfair inducing practice.