시장지배적 지위남용행위와 불공정거래행위의 관계와 단독행위 규제체계의 개선

The regulations of single conducts consist of the regulations of the abuse of market dominant power and unfair practices in Monopoly Regulations and Fair Trade Act(hereafter MRFTA), and such a dual regulation system corresponds to a fundamental feature of MRFTA. And the regulations of unfair practices should be determined in perspective of the restraints of competition as well as the unfairness. If the nature of the illegality of unfair practices could not help being understood pluralistically, there are limits to figure the relationship between the abuse of market dominant power and unfair practices out. In other words, if the decision of the illegality of unfair practices is based upon the competition restraints, it is possible to understand the relationship between the abuse of the market dominant power and unfair practices as the relation of special and general law, but if the decision is based on unfairness, it is difficult to maintain such relational understandings pursuant to the special law. Therefore it is inevitable to distinguish the relationship of two conducts based on the nature of unfair practices, such an approach must apply to the reformation of the regulation systems of single conducts in MRFTA.