일본 독점금지법상 카르텔에 대한 형사제재

Among the enforcements of competition law in Korea, the figure of the criminal enforcement or remedies especially has showed to be insignificant, so far. It has been said that in order to activate criminal enforcement, not only institutional supplement but also jurisprudential analysis should be fulfilled. In this context, this paper reviews law on the criminal punishment under the japanese Anti-Monopoly Act particularly on cartel as a part of the comparative law research. Regarding the criminal remedy on cartel, the Japanese Anti-Monopoly Act are similarly to the Korean Competition law(so called “Fair Trade Act") in many aspect of legislation. Unlikely actual condition in Korea, however, courts and competition authority of Japan have a tendency to be an active and strict attitude in utilizing tools for criminal punishment against cartel. For this paper introduces the criminal stipulations under the Japanese Anti-Monopoly Act, and precedents by japanese courts, and analyse jurisprudence on criminal law enforcement against cartel in Japan. Upon this introduction and analysis, it tries to draw some implications instead of a conclusion to improve the criminal enforcement in the korean competition law.