애스크로AIPublic Preview
← 학술논문 검색
학술논문경쟁법연구2022.03 발행KCI 피인용 1

독점규제법상 불공정거래행위에 대한 금지청구 - 단체소송에 의한 금지청구 입법론을 중심으로 -

A Study on Injunctive Relief of Unfair Trade Practices under the Monopoly Regulation and Fair Trade Act

이선희(성균관대학교)

45권, 286~313쪽

초록

Injunctive relief of unfair trade practices was introduced as a revision of the Monopoly Regulation and Fair Trade Act at the end of 2020. However, the above introduction is only the first step, and interpretative and legislative efforts are required for the above system to be properly utilized. As an interpretation of the Act, I suggested that the right to claim preventive prohibition can be exercised, and that the content of the prohibition can be actively ordered to the extent necessary to eliminate illegal results or causes of infringement. Furthermore, I suggest the representative actions by organizations for the protection of the collective interests of consumers or small enterprisers and to specifically stipulate the right to claim measures necessary for removal of results or prevention of infringement.

Abstract

Injunctive relief of unfair trade practices was introduced as a revision of the Monopoly Regulation and Fair Trade Act at the end of 2020. However, the above introduction is only the first step, and interpretative and legislative efforts are required for the above system to be properly utilized. As an interpretation of the Act, I suggested that the right to claim preventive prohibition can be exercised, and that the content of the prohibition can be actively ordered to the extent necessary to eliminate illegal results or causes of infringement. Furthermore, I suggest the representative actions by organizations for the protection of the collective interests of consumers or small enterprisers and to specifically stipulate the right to claim measures necessary for removal of results or prevention of infringement.

발행기관:
한국경쟁법학회
DOI:
http://dx.doi.org/10.35770/jkcl.2022.45..286
분류:
기타법학

AI 법률 상담

이 논문의 주제에 대해 더 알고 싶으신가요?

460만+ 법률 자료에서 관련 판례·법령·해석례를 찾아 답변합니다

AI 상담 시작
독점규제법상 불공정거래행위에 대한 금지청구 - 단체소송에 의한 금지청구 입법론을 중심으로 - | 경쟁법연구 2022 | AskLaw | 애스크로 AI