공정거래법상 전속고발제도에 관한 연구

The exclusive complaint system by only Fair Trade Commission under Monopoly Regulation and Fair Trade Act was introduced for Fair Trade Commission to judge the seriousness of violations of Monopoly Regulation and Fair Trade Act through detailed market analysis and to decide whether to apply penalties for the violations. But from 1981 to 2009, Events prosecuted to the prosecution by Fair Trade Commission are only 1.45% of total cases, and operation of Monopoly Regulation and Fair Trade Act is treated almost as administrative procedures. Accordingly, a sense of guilt of businessman or the general public for violations of Monopoly Regulation and Fair Trade Act is very small. Because of the exclusive complaint system by only Fair Trade Commission and the passive exercise of the right to accuse by Fair Trade Commission, it is difficult to take sanctions against violations of Monopoly Regulation and Fair Trade Act and to prevent them effectively. And even after Constitutional Court decided that the exclusive complaint system by only The Fair Trade Commission is constitutional, Constitutional debates on the exclusive charge system have been continued and claims that the exclusive complaint system should be abolished have been raised. Therefore, It is reasonable to abolish the exclusive complaint system. If the exclusive complaint system is abolished, It is possible that the victim accuses the solicitation businessman directly, and it is possible that Monopoly Regulation and Fair Trade Act is enforced effectively. However, in order to solve the problems caused by the abolition of the complaint system including the abuse of the right to accuse by victims and the increase of violations of Monopoly Regulation and Fair Trade Act, measures should be taken together, such as reduction and coordination of criminal acts, enhance of the prosecutors' professionalism and construction of cooperation system with Fair Trade Commission.