공정거래 관련 분쟁조정제도의 현황 및 활성화 방안 검토

The fair trade dispute mediation system has been implemented in 2008 for the purpose of processing efficiency of the Fair Trade Commission and for reviving substantial damage relief. In the Korean judicial procedure for damage relief, it is difficult for small and medium-sized businesses to receive remedies through litigation because it costs a lot of time and expenses. However, the mediation system enables faster and easier remedial action without costs. At the time of introducing the mediation system in 2008, 520 cases of disputes were filed in two fields of fair trade and franchise business. In 2018, 3480 disputes in 6 areas of fair trade, franchise business, subcontract, large franchise and retail business, terms and conditions, agency transactions were filed, and the fair trade dispute mediation system has been successfully established. Therefore, I would like to examine whether the fair trade related mediation system is operating well according to the purpose of the introduction and the issues raised recently. In addition, 10 years after the introduction of the fair trade related mediation system, I am going to examine the recent changes in the “Monopoly Regulation and Fair Trade Act” and recent amendments to the mediation system. This article examines ways to expand the scope of mediation providers and mediation objects for the revitalization of actual damages. Because, in many cases, businesses that have been damaged by unfair trade practices can not receive relief through mediation system. The fair trade mediation system may have various advantages such as social cost reduction due to the dispute, so it is necessary to actively review measures to expand the scope of mediation system related to fair trade.