대법원 판결에 나타난 공동행위 성립요건으로서 상호성에 관한 고찰

In a series of rulings on cases of cartels under the Monopoly Regulation Act, the Supreme Court shows that it understands interrelation as a requisite for establishment. In particular, in the case of Universal Music Supreme Court ruled that cartel regulated under Article 19 clause 1 of the Monopoly Regulation Act mean agreements, this agreement includes not only explicit agreements but also implied ones, it is based on meeting of the minds among cartel participants and the interrelation of the meeting of the minds shall be demonstrated for the verification of the agreement. The ruling has since had a substantial impact on the Supreme Court's ruling on cartels. It seems reasonable for the Supreme Court to identify interrelation as a requirement for the establishment of cartels. However, there is a question of judging on the basis of whether there is sufficient possibility of independent action in identifying interrelation. This method of judgment can cause concerns of under-execution(false negative) in relation to the cartels subject to regulation. Considering the characteristics of oligopolistic market structures, it should be considered that participants act strategically and the their attitude toward competition should also be reflected in the judgment of interrelation.