공정거래법 자율준수 프로그램에 관한 입법례 연구

The compliance program under the Monopoly Regulation and Fair Trade Act was first introduced in Korea in 2001, spearheaded by members of the business community. While this initiative has contributed to the gradual dissemination of compliance practices, its overall adoption and impact have been limited. This limitation can be attributed to the absence of a clear legal foundation and the lack of serious recognition by businesses of the significant disadvantages arising from legal violations. However, the Monopoly Regulation and Fair Trade Act is now one of the most critical legal frameworks for businesses, and violations can have severe, often irreparable consequences. In response to these challenges, the institutionalization of compliance programs, particularly in the context of fair trade law field, has gained momentum globally. The design and implementation of such programs differ significantly across countries, reflecting variations in competition policy, levels of corporate development, business environments, and cultures of compliance. In Korea, the government enacted significant amendments to the Monopoly Regulation and Fair Trade Act on June 20, 2023, by introducing Articles 120-2 and 120-3. These changes were accompanied by the establishment of enforcement decrees and related guidelines. Overall, the legislative structure is well-organized, and the provisions appear appropriate. Notably, the explicit emphasis on fostering cultural transformation within companies as a legislative objective is a positive development. However, the incentives provided to encourage the adoption and stabilization of this system may be insufficient to achieve its intended goals. Against this backdrop, this study examines legislative approaches to compliance programs in the European Union (EU), Japan, the United States, and China, which hold significant economic influence in the international community. In the EU and Japan, the primary focus is on promoting a cultural shift within competitive markets to achieve fair competition, and as such, no incentives are provided to companies for adopting compliance programs. Conversely, the United States and China incorporate tangible incentives into their frameworks to encourage participation. Despite these differences, all jurisdictions share the overarching goal of cultivating a culture of compliance. In Korea, interest in compliance programs is steadily increasing across various legal domains, and substantial prior research has explored this topic. Numerous studies have examined legislative examples from other countries. Building on this academic foundation, the present study focuses on the United States, where compliance programs have been most comprehensively institutionalized, while also reviewing recent legislative developments in Japan and China. Although Korea’s com- pliance framework bears broad similarities to that of the United States, significant differences exist in the details of their respective systems. This study seeks to provide a comparative analysis of compliance program institutionalization—whether through soft law or hard law—in selected jurisdictions. By identifying key insights from international cases, it aims to offer practical recommendations for the further development of Korea’s compliance program under the Monopoly Regulation and Fair Trade Act.