공정거래법상 금지청구권과 가처분

In contrast with US antitrust where private antitrust suits account for the vast majority of enforcement, Korean competition law enforcement has traditionally been the virtually exclusive preserve of the Korean Fair Trade Committee. However, recently the enforcement landscape has been changing, although slowly, particularly since Korean antitrust law, which was intended for encouraging damage claim, was revised in 2004. Nevertheless, this change is not sufficient, in my opinion, for efficient competition law enforcement. It is because injunctive relief has not been introduced in the Korean competition law as yet whilst in specific cases there is a possibility that preliminary injunction would be acknowledged by the court under the current competition law. The opinion in favor of the introduction of injunction as a private enforcement of competition law constitutes a majority in Korea. Specifically, amongst the majority opinion, there is no viewpoint against introducing the injunction to a cartel, abuse of a dominant position and unfair business practices. On the other hand, I recommend that the court should be highly prudent to admit the injunction dealing with unfair business practices cases where there is little restriction of competition. In addition, there will be the necessity for in depth research on to what extent the power of the court should be granted concerning the scope of injunction.