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학술논문중앙법학2010.06 발행KCI 피인용 9

현행 공정거래조정제도의 미비점 및 실효성 제고를 위한 보완 방안

An Analysis on the Current Korean Fair Trade Mediation System and Some Supplementary Suggestions for Activation of it.

신영수(경북대학교)

12권 2호, 403~438쪽

초록

The Fair Trade Mediation System which was newly introduced into the Monopoly Regulation and Fair Trade Act(hereinafter, "MRFTA") in 2007 has not a few meaning in terms of sufficient protection of victims in antitrust cases, activating private enforcements of the MRFTA, effective treatment of antitrust cases in Korea. Although it shows the system successfully settle down in this society,On the other hand, the system fundamentally contains adverse effects as well, in that it can ignore some pubic interests which may be infringed by antitrust practices, through agreement between relevant parties. Thus, the design and implementation of the system needs to be more elaborated, minute and even prudent not only in order to activate but also harmonize with the competition policy enforcement. In this context, this paper attempts to analysis of the current Fair Trade Mediation System with an angle of jurisprudence and legal practices, and make some suggestions for activating the system under more desirable and systematized legal base.

Abstract

The Fair Trade Mediation System which was newly introduced into the Monopoly Regulation and Fair Trade Act(hereinafter, "MRFTA") in 2007 has not a few meaning in terms of sufficient protection of victims in antitrust cases, activating private enforcements of the MRFTA, effective treatment of antitrust cases in Korea. Although it shows the system successfully settle down in this society,On the other hand, the system fundamentally contains adverse effects as well, in that it can ignore some pubic interests which may be infringed by antitrust practices, through agreement between relevant parties. Thus, the design and implementation of the system needs to be more elaborated, minute and even prudent not only in order to activate but also harmonize with the competition policy enforcement. In this context, this paper attempts to analysis of the current Fair Trade Mediation System with an angle of jurisprudence and legal practices, and make some suggestions for activating the system under more desirable and systematized legal base.

발행기관:
중앙법학회
DOI:
http://dx.doi.org/10.21759/caulaw.2010.12.2.403
분류:
법학

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현행 공정거래조정제도의 미비점 및 실효성 제고를 위한 보완 방안 | 중앙법학 2010 | AskLaw | 애스크로 AI