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학술논문경쟁법연구2018.11 발행KCI 피인용 14

공정거래법상 대기업집단 규제 개편의 배경과 의미, 그리고 남겨진 과제

Background and implications of restructuring of large corporations in Fair Trade Act, and remaining tasks

신영수(경북대학교)

38권, 3~33쪽

초록

Large-scale corporate group regulation under the Monopoly Regulation and Fair Trade Act(hereinafter, 'MRFTA') has been regarded as one of the most important issues in the reorganization of the MRFTA. As a result, a recommendation was announced in July after discussing with the Special Committee for Reorganization of the MRFTA, which started in March 2018, and a proposal for legislation adopted or revised by the Fair Trade Commission was announced in September. Regarding the corporate group regulatory reform proposal, it is pointed out that it is not enough to fundamentally and structurally solve the problem consciousness of the chaebols that have been accumulated in the past, and the opposition of excessive regulation that does not reflect the domestic and external economic conditions and corporate reality is raised at the same time . In addition, since the government bill was released in the National Assembly, there are conflicting views against each other in accordance with the camp, and a number of legislative initiatives have been introduced. At present, it is difficult to say that the reform plan will be legislated. Nevertheless, the discussion on regulatory restructuring reminds us of the necessity of reorganization, which has been condensed about the regulation of large corporations, and it examines issues and issues by detailed issues, and it is very meaningful in that it has left a part to be supplemented in the medium and long term in the future In particular, we will continue discussions and legislative countermeasures on the areas excluded from this revision. In this context, this paper examines the background and purpose of this revised regulation, examines the contents of the major reform proposals presented so far, and analyze the remaining issues and future issues.

Abstract

Large-scale corporate group regulation under the Monopoly Regulation and Fair Trade Act(hereinafter, 'MRFTA') has been regarded as one of the most important issues in the reorganization of the MRFTA. As a result, a recommendation was announced in July after discussing with the Special Committee for Reorganization of the MRFTA, which started in March 2018, and a proposal for legislation adopted or revised by the Fair Trade Commission was announced in September. Regarding the corporate group regulatory reform proposal, it is pointed out that it is not enough to fundamentally and structurally solve the problem consciousness of the chaebols that have been accumulated in the past, and the opposition of excessive regulation that does not reflect the domestic and external economic conditions and corporate reality is raised at the same time . In addition, since the government bill was released in the National Assembly, there are conflicting views against each other in accordance with the camp, and a number of legislative initiatives have been introduced. At present, it is difficult to say that the reform plan will be legislated. Nevertheless, the discussion on regulatory restructuring reminds us of the necessity of reorganization, which has been condensed about the regulation of large corporations, and it examines issues and issues by detailed issues, and it is very meaningful in that it has left a part to be supplemented in the medium and long term in the future In particular, we will continue discussions and legislative countermeasures on the areas excluded from this revision. In this context, this paper examines the background and purpose of this revised regulation, examines the contents of the major reform proposals presented so far, and analyze the remaining issues and future issues.

발행기관:
한국경쟁법학회
DOI:
http://dx.doi.org/10.35770/jkcl.2018.38..3
분류:
기타법학

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공정거래법상 대기업집단 규제 개편의 배경과 의미, 그리고 남겨진 과제 | 경쟁법연구 2018 | AskLaw | 애스크로 AI