보험업과 카르텔에 관한 고찰

Although insurance industry has been subject to sector-specific regulation in detail under the Insurance Business Act, its exemption from "the Korea Antimonopoly Act"(hereafter "the Act") should be limited to the extent that the Insurance Business Act explicitly provides for or Art. 58 elements of the Act are cumulatively fulfilled. So the Act applies with a possibility of extremely narrow exemption, e.g. mutual agreement of insurers under the Insurance Business Act, in every collaborative activity between competing insurers. Nonetheless, some characteristics found in insurance markets should be in applying the Art. 19 on cartel prohibition taken into account. That is the reason why the requirement "unfairness" of an insurance cartel should be given more weight or an unique normative importance than ever. In this way the Fair Trade Commission will be able to balance competitive harm with indispensability or accompanying efficiency of various collaborations in insurance markets, which will result in more sound development of insurance industry.