현저한 규모에 의한 지원행위(물량몰아주기)의 규제 법리 고찰

The assisting practices of a specially related person or other corporations through the provision of excessive economic benefit by providing or transacting them with funds, assets, goods and mans shall be prohibited by Subparagraph (7), Paragraph (1), Article 23 of The Monopoly Regulations and Fair Trade Act(hereinafter the Act). In SK Stock Co. Case Supreme Court found that the assisting practices through the third party could belong to illegal assist(supreme court, 2004. 3. 12.). Assisting the others by providing or transacting will be divided into two groups, at substantially high or low costs and in substantial amounts. The problems about the regulations of the latter become an important pending issue. To regulate the assisting practices by providing or transacting in substantial amounts, at first it is important to understand the meaning of the substantial amounts at providing or transacting, and to decide the substantial amounts it will be required to compare the substantial amounts of concrete and individual provisions and trades and the normal amount in the market which subjects of provisions or trades belong to. So it is possible to criticize the guidelines for unfair assistance examination published by Korean Fair Trade Commission do not describe the method of such a comparison to decide the substantial amount. To judge the unfairness of the assisting practices need the two perspectives suggested by Korean Supreme Court. Two perspectives mean the competition restraints in the individual market and the economic concentrations in the national economy. The meaning of the unfairness of the assisting practices must be materialized during the process of the applications of the two perspectives.