독점규제 및 공정거래관련법의 집행시스템

Competition law is regarded as the Magna Carta of market economy. The competition law is generally enforced through administrative procedures by competition agency and through private litigation by competitors or consumers and criminal sanction. However in Korea, the enforcement of competition law has depended mainly on the public enforcement by Korea Fair Trade Commission (KFTC) since 1981. As a result, the private enforcement of competition law is not well developed as in other developed countries. More special feature is that KFTC has also engaged in the enforcement of consumer protection laws which are characterized as special private law. This enforcement system of competition and fair trade laws and consumer protection laws in Korea had some merits and weakness. In order to ensure free and fair competition in market and to protect consumer more efficiently, it is necessary to improve the current enforcement system. As for public enforcement, the KFTC should focus its activity on the prohibition of anti-competitive behaviors such as abuse control of market dominant position, merger control and cartel prohibition. And for the effective investigation of cartels, it is desirable for KFTC to cooperate with public prosecutor more closely. The administrative enforcement by KFTC on unfair trade practices and unfair contract terms should be substituted by private litigation. Since unfair trade practices and unfair contract terms can be more effectively prohibited by private litigation than by public enforcement, if some institutions to stimulate private litigation such as treble damages claim and class action will be introduced.