공정거래법상 동일인 유형별 경제력집중 억제시책 개선방안

This article critically examines the KFTC’s regulations on excessive economic concentration under the Monopoly Regulation and Fair Trade Act and reassesses their validity in light of evolving legal and social contexts. Since the 1970s, Korea’s rapid growth led by large corporate groups has produced both general concentration and ownership concentration, prompting regulatory devices such as the designation system of large corporate group, restrictions on equity investment, and disclosure of internal transactions. However, the Asian financial crisis(IMF) and the emergence of digital platforms have revealed the rigidity and limited effectiveness of these measures. In particular, the growing number of cases where the same person as a non- natural person is designated, unlike the traditional same person as a natural person, suggests that regulation should focus more on addressing general concentration than on curbing ownership concentration. Through a comparative analysis, this study shows that the U.S. has shifted from a market- centered approach toward renewed attention on general concentration in Big Tech, Japan has relaxed regulation following the dissolution of ‘zaibatsu’ and the abolition of its equity investment ceiling, while Israel has effectively mitigated concentration through dismantling pyramid structures and enforcing separation between finance and industry. The findings indicate that Korea’s uniform framework, maintained for more than four decades, no longer corresponds to contemporary realities of corporate governance. A differentiated approach that prioritizes general concentration- particularly for groups with a corporate same person- is required. The article ultimately argues for reforms that enhance compliance and effectiveness, thereby ensuring that the Korea’s Fair Trade Act advances fair competition and the broader goal of economic democratization.