공기업의 경쟁중립성과 독점규제법의 적용

Competition Neutrality implies that no business entity is advantaged(or disadvantaged) solely because of it's ownership. And it matters both for leveling playing field and public interest rationales. The focus of competition neutrality has been on reforming the environment that public and private entities compete in, also on state-owned enterprise and any state-induced distortion of the market place. To encounter these problems some foreign countries as well as the EU have established specific competitive neutrality frameworks. These frameworks establish mechanisms to identify and eliminate such competitive advantages as SOEs may have, including with respect to taxations, financing costs and regulatory neutrality as well as competition law application. Among them however, this paper deals with competition neutrality in terms of competition law. This paper has three main parts. First, competitive neutrality and State-owned Enterprises, and the role of SEO in Market. Second, approaches in other countries available to competition authorities to encounter anti-competitive practices by SOEs and options to help enhance competitive neutrality are discussed. Finally, the applicability of competition law in Korea and related regal issues. This paper concludes that full implementation of the competition law would go a long way in ensuring competitive neutrality. The use of competition law can help address competitive neutrality problems where the government businesses fall within the scope of competition law. Such Competition law-based approaches can stimulate a competitively neutral environment.