공정거래법 전부개정의 의미와 주요 쟁점 - 기업집단 규율 법제를 중심으로 -

On December 9, 2020, forty years after Monopoly Regulation and Fair Trade Act(hereinafter ʻMRFTAʼ) was enacted in 1980, the National Assembly plenary session passed the entirely revised bill of the MRFTA, which is set to take effect on December 30, 2021. This entire revision was promoted to reorganize the overall system and structure of the MRFTA, improving uniformity and consistency within the law, and accomplishing a fair and innovative market economy system that meets the changed economic situations. The government sponsored the three Fair Economy Acts (MRFTA, Commercial Act, and Financial Complex Enterprise Group Supervision Act), designed to enhance corporate governance and establish a fair market order. The entire revision of the MRFTA is part of the enactment and amendment of the three Fair Economy Acts, The entire revision of the MRFTA envisages substantial changes in various aspects, such as reforming the law enforcement system, restructuring corporate group regulations, strengthening enforcement credibility, and establishing a foundation for innovative growth of the economy. There is a seven-month preparation period for the entire revision of law to be implemented. Thus, it is necessary to arrange related sub-statutes and sub-regulations such as enforcement ordinances and notices. The specific contour of the law is expected to surface as the related sub-statutes and sub-regulations are systemized. Companies have expressed a concern that the entire revision of the MRFTA encompassed the regulations that would hinder the overall economic activities of companies. Whether this concern will be realized is also going to be revealed as the entire legislation becomes specified. In Korea, regarding the violations of the MRFTA, criminal penalties and administrative sanctions can be simultaneously imposed. The original legislative purpose of the three Fair Economy Act is to form an institutional basis for establishing a market order and achieving a fair and innovative market economy system. There is a concern, however, that this original legislative purpose of the three Fair Economy Act would be eclipsed. To resolve this problem, the Korean Fair Trade Commission(hereinafter ʻKFTCʼ) should generate reasonable and rational sub-norms through active communication with the newly regulated companies or targets of the regulations. Also, the KFTC should vigorously monitor the business environment and market fluctuations and consider them in enforcing the revised law. In the swiftly changing market and economy, what we are pursuing should be improving competition, not preparing a perfect competition arrangement. With this in mind, the cautiously designed norms can contribute to effectively restricting anti-competitive behavior while providing clarity and predictability of the range of acceptable competition for the market and reducing the negative impacts on the market and innovation.