보험업에 대한 공정거래법 적용에 대한 검토

There are lots of Korean Supreme Court cases which have been applied of Fair Trade Act ("FTA") to insurance industry. The problem is whether or not the conduct of the joint activities of the insurance company (e.g., the co-insurance rates decision) is cartel on the FTA. In many cases, although administrative guidances are accompanied by the Financial Supervisory Service ("FSS"), the Fair Trade Commission (“FTC") and the Korean Supreme Court recognized that an act of the insurance company is illegal collusion. In this regard, the problems and improvements of the above are as follows: (i) It is not resonable that acts of the insurance company deem to be cartel despite of administrative guidances of the FSS. Therefore, it would be desirable that the legal basis of administrative guidances should be provided on the Insurance Business Act (“IBA”); (ii) There are dual regulations by the FTC and the FSS. The separation of the task between the FTC and the FSS and building a system for mutual cooperation should be needed; (iii) It would be needed to consider the specialty of insurance business. If promotion of competition is expected, joint activities should be allowed, if necessary. There is a need to take advantage of Article 19(2) of the FTA; and (iv) The relevant provisions of the FTA and the IBA is unclear. Therefore, it would be desirable that Article 58 of the FTA and Article 125 of the IBA should be improved.