독점규제법상의 손해배상제도에 관한 연구
A Study on Damages Actions of Korean Monopoly Regulation and Fair Trade Act
정병덕(한림대학교)
21권 1호, 331~359쪽
초록
Korean Monopoly Regulation and Fair Trade Act §56 is if an enterpriser violates the provisions of the Act, and thereby inflicts on a person any damage, he shall be liable for compensation of such damage to the person. And Provided, that if enterpriser prove himself that he did not intend to make any faults and there is no mistake, this is not the case. The antitrust law is enforced both public and private enforcement. But the korean antitrust law enforcement largely depends on public enforcement by Korean Fair Trade Commission. Recently a damages actions are on the increase and the process to file a suit becomes more easy by the revision of korean antitrust law in 2004. The objective of this paper is to improve the legal conditions for victims to execise their right to reparation of all damalge suffered as a result of a breach of KFTA.
Abstract
Korean Monopoly Regulation and Fair Trade Act §56 is if an enterpriser violates the provisions of the Act, and thereby inflicts on a person any damage, he shall be liable for compensation of such damage to the person. And Provided, that if enterpriser prove himself that he did not intend to make any faults and there is no mistake, this is not the case. The antitrust law is enforced both public and private enforcement. But the korean antitrust law enforcement largely depends on public enforcement by Korean Fair Trade Commission. Recently a damages actions are on the increase and the process to file a suit becomes more easy by the revision of korean antitrust law in 2004. The objective of this paper is to improve the legal conditions for victims to execise their right to reparation of all damalge suffered as a result of a breach of KFTA.
- 발행기관:
- 한국경영법률학회
- 분류:
- 법학