독점규제법상 형사제재 조항과 전속고발제 존폐 문제에 대한 고찰

Compared to other countries’ competition laws, Korean Monopoly Regulation and Fair Trade Act (“MRA”) has a very unique characteristic: the same conduct may results in not only administrative sanctions but also criminal sanctions; and only Fair Trade Commission (“FTC”) has the exclusive power to refer anticompetitive behaviors for criminal prosecution. As a result, Public Prosecutors has no independent power to investigate and accuse of anticompetitive conducts. For this reason, some politicians have argued: FTC’s exclusive power must be repealed because it seriously undermines criminal enforcement of MRA. However, it should be noted that a breach of MRA can be properly dealt with administrative and civil sanctions. Moreover, except hardcore cartels case, substantive clauses of MRA are too vague to impose criminal sanctions. This article addressed some complex problems regrading decriminalization of MRA; and some issues of criminal leniency when Public Prosecutors has independent power to investigate and accuse of hardcore cartels.