공정거래법상 고발요청권에 관한 소고

According to Article 71 of Monopoly Regulation and Fair Trade Act, the chairman of Korea Fair Trade Commission(KFTC) shall charge, when the Prosecutor General, the Administrator of The Board of Audit and Inspection of Korea, the Administrator of Public Procurement Service and the Administrator of the Small and Medium Business Administration exercise the right to request charge. It is estimated on this account that the exclusive right of charge of KFTC is virtually abolished. But still, KFTC’s investigation and prosecution’s investigation can be duplicated, and that is to increase the burden on companies and lead the utilization of human resources and time to inefficiency. KFTC’s survey results can be used as evidence in criminal procedure. So it is to be considered that KFTC is legally authorized to resort to compulsory measures and public officials belonging to KFTC carry on business as a special judicial police officials in order that the specialty of KFTC can be shown, and at the same time the duplication of KFTC’s investigation and prosecution's investigation be avoided. It is expected to improve the practice in which the prosecution acquire proof for the investigation and the prosecution through seizure and search on KFTC. The discretion to exempt charge KTFC has when applying leniency program must be abolished, because it does not correspond to the intent of the right to request charge. Finally, it is proper that judicial police power should be authorized to KFTC and the exclusive right of charge and the right to request charge be abolished.