부정경쟁방지법상 오인야기행위에 관한 규정의 개선방안에 대한 고찰 - 일본법과 비교를 중심으로 -

Korea Unfair Competition Prevention Act Stipulates Misleading such as an act of causing confusion about the source of origin, an act of causing confusion about the source, an act of causing confusion about the good’s information. However, there is a concern that unnecessary confusion may arise in the interpretation and application of the law because each provision is applied superimposedly in the interpretation of the law and the judgment of the court in relation to the above misleading act provisions. In addition, services are excluded from the application of the law even though the proportion of services in the national economy has increased. However, in the case of the Japanese Unfair Competition Prevention Act, which cites most of the regulations at the time of enactment of the Korean Unfair Competition Prevention Act, unnecessary confusion is prevented by integrating misleading acts. And Service is also added to the protection target. Therefore, in this paper, the Japanese Unfair Competition Prevention Act and the Korean Unfair Competition Prevention Act were compared and reviewed to suggest ways to improve the regulations on misleading. first of all a plan to integrate legal provisions was proposed. Among the provisions of misleading, an act of causing confusion about the source of origin is included in the act of causing confusion about the place of production, manufacture or processing when the provision is interpreted and applied and It's hard to apply each provision separately and the court ruled that an act of causing confusion about the source of origin is included in the act of causing confusion about the place of production, manufacture or processing. so, This paper presented a plan to integrate the rules of misleading. In addition, despite the increase in the proportion of services, services are still not included in the protection list for misleading acts, so a plan was proposed to add services to the protection list.