개정 공정거래법상 열람·복사 규정의 쟁점 및 운용 방안에 관한 검토

In recent years, the defendant's rights in KFTC’s proceedings has been strengthened. On this extension, Article 52-2 of the MRFTA revised on May 20, 2020 reflected the Supreme Court's Decision, and the request for disclosure should be accepted unless certain exception applies. In this regard, it is necessary to review the operation plan before the revised provision is implemented. In addition, the revision of provision reflects some of the discussions on numerous regulations in the course of the full reorganization of the MRFTA, and it seems that there are still areas for improvement when compared with other laws and regulations or foreign legislations. In brief, the author suggests follows: (i) to protect commercial secrets, it should be specialized in the context of the MRFTA; (ii) it is necessary to define the identity of the submitter as confidential when there is a specific possibility of retaliation; (iii) it is desirable to specify the sensitive personal information as explicit exceptions to disclosure. In addition, it must be possible to confirm the list of documents even though they are not attached in the statements of objection. Also, the author articulates specific criteria for exceptional disclosure of the confidential information considering foreign legislation and specific circumstances of South Korea. Further, the author proposes steps required for third party’s submission of the documents, providing evidences to the statements of objection, requesting for disclosure of inculpating and/or exculpatory documents, and criteria for the judgement of disclosure of confidential information. In particular, the author emphasizes that it is necessary to allow browsing of all documents to the fullest extent possible in order to solve the problem of the evidence law in the litigation procedure (the original must be submitted as evidence).