「사익편취」의 규제 근거(부당성)에 대한 새로운 해석

Unlike the existing theories in academia, the author in this paper; (i) analyzes the subject of the Paragraph (1) of the Article 23-2(hereinafter, the “Activities”) of the Korean Fair Trade Law(hereinafter, the “KFTL”) as the type similar to the “abuse of the advantageous status” under the Subparagraph(4) of Paragraph (1), Article 23 under the KFTL; (ii) applies the academic discussions in the Korean Criminal Law as to the difference between the regulations’ requirement and the purpose thereof; (iii) insists that the “prevention of the undue concentration of economic power” should be positioned as belonging to the “purpose of the law”, not to the “requirement of the law”, and should not be judged by the scale of the profit amount taken.