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
- 분류:
- 기타법학