디지털 경제 시대 한국 공정거래법 사적구제의 강화 방안: 증거입증 문제 중심의 비교법적 분석

The rapid expansion of the digital economy and the growing market dominance of global platform companies underscore the need for robust enforcement of Korea’s Fair Trade Act, particularly through private remedies. Private remedies enable victims of antitrust violations to seek redress via civil litigation, complementing public enforcement and advancing core objectives such as preserving market fairness and fostering competition. However, private actions under the Korean Fair Trade Act face severe constraints, including excessive burdens of proof, the lack of a class action mechanism, information asymmetries, and unique challenges arising from digital platforms—such as two-sided markets, network effects, and data monopolies—which the current framework struggles to address effectively. This study examines the current state and limitations of private remedies under Korea’s Fair Trade Act. Through a comparative legal analysis focusing on U.S. antitrust law and the European Union’s Digital Markets Act (DMA), it proposes targeted institutional reforms tailored to the digital economy. Key recommendations include easing evidentiary burdens (especially on proof issues), introducing class actions, allowing punitive damages, improving access to information, enacting specialized digital platform competition rules, and fostering international cooperation. These measures aim to enhance victim-centered relief and promote a fairer digital market. Furthermore, the study evaluates a hybrid regulatory model that combines the U.S. antitrust injury requirement with the EU’s gatekeeper approach as a potentially optimal framework for Korea’s digital context. Ultimately, activating private remedies will help realize the Fair Trade Act’s goals—consumer sovereignty, market fairness, and national competitiveness—while supporting the sustainable development of the digital economy and alignment with global standards.