공정거래법 상 거래상 지위남용행위의 법리

Abusing a superior trade position makes the content of transaction unfair, which is prohibited by MRFTA as unfair trade practice. The unfairness of the transaction implicates that one party who has a superior position not only gives economical disadvantage to the counterpart in a individual transaction but also disturb the free willingness and the freedom to decide the contract of the contract partner. It is recognized that there is some differences in estimation depending on whether the counterpart is a business person or a simple consumer, but it should protect a basis for free competition from protecting the freedom of the other's decision. And the abuse of transaction status is closely related to the abuse of market dominant position, which are regulated separately in MRFTA. If there is a large gap in the trading position so that the parties cannot freely make decisions, it is necessary to correct them to protect the counterpart in the weak position and to maintain fair and free competition base in the market. The legislative measure and law enforcement should be harmonized to adjust interests and disadvantages of such parties and to protect the basement of free and fair competition.