공정거래법상 자료 열람에 관한 고찰 -영업비밀과 데이터 룸 제도를 중심으로-

Although access to files is a key process to guarantee right of defense to the addressees of a statement of objection, it is hard to find a proper manner in interpretation and implementation of the process. For this reason, this study aims for interpretation of business secret, which is a restriction of access to file process, and data room process, which is recently adopted by Korean Fair Trade Commission. For business secret, this study focuses on proper ways to interpret. Although data provider’s opinion is important in overall process of access to file, one should observe a strict manner when it comes to define a material as business secret based on the data provider’s opinion. Also, potential distortion on market caused by access to file should be considered, but one should preserve a strict manner to define potential distortion and business secret. This study also reviews required procedures to make a development in access to file process. Specifically, this study reviews (i) a proper way to stipulate business secret in Korean Antitrust Law, (ii) necessity to provide a guideline about interpretation of business secret, and (iii) a necessity of discussion between Korean Fair Trade Commission and the addressees or data providers. Korean Fair Trade Commission has recently adopted data room process to improve due process in its investigation and decision making process. However, as data room also has its own limit, it is important to find a proper way to run data room, which guarantees the right of defense of the addressees. This study aims to discover the proper ways based on studies in European Commission and Competition Market Authority which have adopted data room process for long time.