과징금의 부과 목적과 사용의 연계에 관한 정책적 고찰: 공정거래법을 중심으로

In Korea, penalty system is operating as a sanction for breach of Monopoly Regulation and Fair Trade Act. But the full penalty becomes vested in national treasury and is not used for consumers damaged. Also, recently it is under discussion that public fund using penalty surcharge as its main resource be raised and used for consumer rights and interests. So, this study attempted the political consideration about the link of purpose of imposing and use of penalty surcharge. First, this study raised the questions on the nature of penalty surcharge, validity of national possession and its utilization. And this study performed literature review and case study to present the solution or alternative. As a result, this study concluded that the nature of disgorgement of unlawful profits of penalty surcharge should be considered and the national possession of penalty surcharge is not valid. And, this study presented that considering restrictions, it can be a feasible option to make fund using part of penalty surcharge and utilize it in consumer protection programs. Also this study suggested that it is important that the usage of the fund be designed to correspond to the nature and imposing purpose of penalty surcharge.