보건의료서비스 시장 내 EU 경쟁법의 역할에 대한 논의와 한국 경쟁법에 대한 시사점

The mechanism of the EU internal market has featured through economic interaction. The concept of rights and obligations of the EU institutions, Member States and economic actors in economic sphere are governed through general principles and norms. Since that, the EU protects a range of economic and social rights to balance between market interests and non-market interests on the basis of social market economy in the sense of Article 3 of TEU, in order to develop the sustainability of the EU single market. The EU health care service can be considered as a typical service sector with non-economic objectives in marketbased mechanisms. The importance and size of its market has grown, which can play a crucial role in market-based mechanisms. Therefore, The nature of market has characterized as a patchwork made up of various concepts and values. It is difficult to be analyzed simply in terms of cost and efficiency in applying and interpreting the relevant concept of competition law, and may also run inefficiently if relying based solely upon market economy. Although EU health sector is required through public intervention in order to result in optimized outcome, it is necessary to examine how the EU evaluates the economic nature of activities performed in the relevant service sector. In the case of the EU, the necessity of public intervention for the purpose of social service goal is not determined only by the concept of economic efficiency in light of anti-competitive behaviours under competition law, but rather holistically by the value of the general interests, solidarity and general principles of law. Furthermore, this article aims to shed light on the context embedded in EU norms that support to balance between protection of the health rights and legal basis of social service goals through public intervention, and examine the various social norms that are difficult to cover by the current principles of competition law by comparing legal constructive dialogue contained a range of social general interests and future direction. Then, it is reached the implications that can support to picture balanced solution among different service areas, which can ultimately suggest further direction on the development of Korean competition law.