국제 카르텔 행위에 대한 사적 집행제도의 발전 현황과 대응 방안

Significant deterrence to anticompetitive behaviors could be realized, when publicand private enforcement interact and the private enforcement is strengthened bycollective compensatory relief. ‘Class actions' in the US legal system are well knownas a model form of collective redness. At the same time they appear to us as anillustration of the vulnerability of a system to abusive litigation. Recently the EUhas after a long discussion published a legislative guide, which recommends allMember States of the European Union to install national collective redness system. Therefore Korean Antitrust Law is world-widely surrounded with class action. Not yet does have Korean Antitrust Law any instruments on collectivecompensatory relief. This is because korean law system is largely based on theContinental perspective, where the remedy is oriented not on private relief but onpublic one. Although Korean Antitrust Law permits private compensatory relief, itseldom functions due to the lack of collective redness system. In this paper Ipresent a proposal for introduction of ‘opt in' class action into the koreancompetition law(AMFTA). I have begun this with reviewing the approachdifference between competition law systems in USA, EU and Germany. Forfacilitating private collective damages action this essay focuses on the interplay ofcollective redness and public enforcement in antitrust area, the right of potentialclaimants for information, and the standing to sue for group itself.