공정거래위원회에 의한 사전심사청구제도의 현황 및 개선방안

Since the scheme of Business Review run by the Korean Fair Trade Commission(KFTC) was introduced in 2004 in Korea, it has received wide attention from many aspects of the korean society. Besides of the KFTC, the U.S. DOJ(Antitrust Division) and the japanese FTC has already managed similar scheme for the purpose of proliferating law-abiding culture among business sectors and letting firms avoid infringement of law in advance. But the number of application of business review has been rapidly decreasing year by year. Although the reason is not clear, it is time to make concentrated analysis on the scheme is certain at least. Furthermore, fundamental course on which the KFTC should take is needed to be decided, between activating and abolishing it. Upon this circumstance, this paper attempts to examine current status of the business review scheme by the KFTC in Korea, and find out main causes of decline in usage of the scheme. After making a empirical and systematic analysis on the U.S. and japanese legislations, it presents legal issues regarding on the business review and suggests some idea for improvement of the scheme, instead of a conclusion.