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학술논문경영법률2015.07 발행KCI 피인용 2

독점규제법상의 순환출자 규제에 관한 연구

A Regulations Circular Ownership Structure in the Monopoly Regulation and Fair Trade Act

정병덕(한림대학교)

25권 4호, 359~383쪽

초록

The goal of The Korean Monopoly Regulation and Fair Trade Act(MRFTA §1) is to promote fair and free competition, thereby encouraging creative enterprise activities, protecting consumers and striving for balanced development of the national economy. The Act also contains regulations reflecting the conditions specific to Korea, including ban on unfair support among affiliated companies of a large business group, prohibition of abuse of superior position, restrictions on holding companies, and limitations on crossshareholding and debt guarantees. This is a unusual regulation without comparable provisions in foreign Antitrust Act. It was one of economic democratization in the presidential election of 2012 important issues of Korea, and one of the main content of economic democracy is to regulate the circular ownership structure enterprise group. Many end debate, National Assembly approve amendment to the MAFTA containing the details of regulating the cross-shareholding on Dec 31, 2013. As this amendment has been banned the circular ownership structure enterprise group, focused economic problems through which is expected to be resolved.

Abstract

The goal of The Korean Monopoly Regulation and Fair Trade Act(MRFTA §1) is to promote fair and free competition, thereby encouraging creative enterprise activities, protecting consumers and striving for balanced development of the national economy. The Act also contains regulations reflecting the conditions specific to Korea, including ban on unfair support among affiliated companies of a large business group, prohibition of abuse of superior position, restrictions on holding companies, and limitations on crossshareholding and debt guarantees. This is a unusual regulation without comparable provisions in foreign Antitrust Act. It was one of economic democratization in the presidential election of 2012 important issues of Korea, and one of the main content of economic democracy is to regulate the circular ownership structure enterprise group. Many end debate, National Assembly approve amendment to the MAFTA containing the details of regulating the cross-shareholding on Dec 31, 2013. As this amendment has been banned the circular ownership structure enterprise group, focused economic problems through which is expected to be resolved.

발행기관:
한국경영법률학회
분류:
법학

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