독점규제법상 형사제재 개선방안에 대한 연구

This article discussed ways to improve the criminal sanctions of antitrust law. The problems of the current criminal sanctions system were examined, the principles to be observed in the improvement of the criminal sanctions system for the solution of the problem, and the measures to make effective and proper law enforcement were sought. The enforcement of antitrust laws can be divided into public regulations, civil bans, and criminal sanctions, and our law enforcement is criticized for focusing on public regulations centered on fines and correction orders of the Fair Trade Commission. In particular, punishment provisions are provided for almost all types of offenses under the antitrust law, but in practice, the imposition of law enforcement is threatened by little sanctions. To resolve this issue, the FTC's active prosecution right and active criminal sanctions can be attacked from the point of view of appropriate law enforcement. If administrative sanctions and criminal sanctions are combined, there is a risk of excessive sanctions. The cause of this problem lies in a wide range of punishment provisions, and from the standpoint of the ultimate means of punishment, it is desirable to greatly reduce the provisions of punishment except for unfair joint action. In order for the Fair Trade Commission and the prosecution to exercise their law enforcement powers repeatedly, it is necessary for the two organizations to meet periodically to form a consensus on the proper level of law enforcement. Criminal sanctions against deterring offenses should be based on individual accusation of actors in serious offenses. Doing so will be a law enforcement that is consistent with the functional role-sharing of the Fair Trade Commission and the prosecution and in line with the proportional principle.