동의의결의 법적 성격에 대한 고찰

It is important to study the legal character of consent order because they can provide useful clues to settle many of the legal disputes surrounding consent order. Firstly, consent order can be assessed as an administrative disposition in that KFTC(Korea fair trade commission) as an administrative agent establishes consent order and publish it in official gazette. Second, consent order can be regarded as a public contract as KFTC and a corporate have reached an agreement on the issue. Lastly, consent order can be understood as termination of criminal investigation premised on the assumption that a criminal investigation is technically devolved on KFTC. Namely it means that a professional and specialized administrative investigation is substituted for a criminal investigation in many fields. The issue on revocation of consent order can be treated with various legal aspects. It can be the object of a civil suit or an administrative party litigation from the perspective of public contract. The revocation of consent order is also likely to be object of an administrative litigation especially Cancellation of administrative sanction. If it is premised that right to apply consent order is derived from interpretation of law. Two step theory in France is appropriate to recognize the legal character of consent order and legal disputes surrounding consent order. First step is the agreement between KFTAC and a corporate in regard to corrective measures, and second step is administrative act. According to this theory, the modification of content of agreement can be object of civil or administrative party suit, and the cancellation of consent order itself can be the object of administrative litigation.