연세 경제법의 발자취와 미래

This article is intended to reflect on the tradition and academic style of Yonsei Economic Law at this time, 30 years after the establishment of the Yonsei Law Association, and to present a vision for the future. In Chapter 1, I explain the scope of the concept of economic law. Economic law is a new field of law, mainly competition law and consumer protection law. The Competition Law is an administrative sanction that the state intervenes as a guardian of the socially disadvantaged to correct market failure in a situation where the status of the contracting parties has widened due to the advancement of the capitalist economy, or seeks private relief for the weak to prohibit, prevent, or claim damages. And the Consumer Protection Law is a norm that establishes the substance and procedures for ensuring transparent disclosure of information or ensuring prompt and appropriate relief from consumer damage in order to guarantee consumers' rights, such as the right to know in consumer transactions. In Chapter 2, I introduce the legacy of the late Professor Son Joo-Chan, Professor Park Gil-Joon, and Professor Hong Bok-Ki and Professor Shin Hyun-Yoon, who are the driving forces behind the tradition and academic style of Yonsei economic law. And then I introduce their descendants who currently engaged in research activities in the field of economic law. In Chapter 3, I attempt to present a direction to future scholars who will continue the tradition of Yonsei Economic Law. First of all, I explain the research methodology and material of economic law. And I introduce the debate on the legislative purpose of the Sherman Antitrust Act of the U.S.A. and that of the Monopoly Regulation and Fair Trade Act of the R.O.K.(hereinafter ‘the Fair Trade Act’) in the field of competition law. I present the issues of legal application to large online high-tech platform companies, which has recently emerged, as the most important topic in the recent and future, and explain the current status of discussions. After that, I turn on the regulations to prevent excessive concentration of economic power (hereinafter ‘the general concentration’) and the prohibition of unfair trade practices in the Fair Trade Act, which both has been regarded as heterogeneous beings due to questioning whether it is included in the main ordinance of the typical competition law. I seek harmony between the legislative purpose of the law and the aforementioned the regulations to prevent the general concentration and prohibition of unfair trade practices. After that I also mention the so-called dark pattern issue in the field of consumer protection law. In Chapter 4, in lieu of conclusions, Yonsei economic law is advised on how to approach solutions to issues raised in their time. Basically, either passive negative due to underexecution of economic law or false positive results due to overexecution should be avoided and it is necessary to take a careful approach to draw conclusions in anticipation of the ripple effects on the real world economy.