징벌적 손해배상제도와 공정거래법 -제도도입의 타당성분석을 중심으로-

Recently, the opinions advocating that punitive damages system should be introduced into the Monopoly Regulation and Fair Trade Act(hereinafter, ‘MRFTA’), are raising from various sectors in this society. Although diverse political functions of the system such as compensation, deterrence and punishment can be expected, the aspect that negative influences on the business area is not to be disregarded is also widely recognized. Up to the present, there have been lots of arguments for and against the punitive damages. At this point of time, however, the analysis on a feasibility of the system not with the angle of political purposes or practical impacts, but that of jurisprudence or law enforcement rather seems to be more important. In this context, this article tries to verify a feasibility of introduction of the punitive damages into the MRFTA with a critical point of view, and reaches a conclusion regarding whether it should be introduced. However this paper doesn't quit the discussion at that point, but additionally considers some legal and practical issues which can be raised in the process of introduction. Upon the analysis, the articles suggests some idea to make it smoothly settled on the current legislative system, as well.