공정거래법상 행정지도에 따른 부당한 공동행위에 대한 법적 검토
= A Legal Study on the Unfair Collective Practices by Administrative Guidance under Fair Trade Act / 유성희 외

 
제어번호 101954220
저자명 유성희(Seong Hee Yoo)  ,장교식(Kyo Sik Jang)
학술지명 법학연구
권호사항 Vol.61 No.- [2016] 
발행처 한국법학회 
자료유형 학술저널
수록면 71-91(21쪽)
언어 Korean
발행년도 2016년
KDC 360
등재정보 KCI등재
판매처 교보문고

 
초록
In the Republic of Korea, the administrative authority regulates market and businesses using related administrative measures from the regulator’s position in accordance with the Monopoly Regulation and Fair Trade Act. In particular, the administration fines businesses if they engage in unfair collective practices which can disrupt fair market competition. If businesses happen to engage in this kind of unfair collective practice according to the administrative guidance given by the administration, however, there could be a controversy on how to determine its illegality. In handling businesses’ unfair collective practices associated with administrative guidance, therefore, it is required to develop an appropriate alternative plan by reviewing harmony with fair competition in addition to a loophole in current law enforcement. For this, there should be clear conclusion on which clause should apply to the administrative guidance on the Monopoly Regulation and Fair Trade Act. In other words, this study attempted to review justifiable causes excluding the application of the aforesaid act when the administrative guidance was involved. In addition, it investigated how to explicitly stipulate administrative guidance-related provisions just like the case of Japan when the administrative guidance was viewed as the reasons for excluding the law. In terms of a way to search for harmony between businesses and market economy after the administrative guidance, this study examined law enforcement such as corrective order-oriented surcharge. In other words, it is needed to reach a mutual consent between the businesses and the market economy by imposing administrative sanction-like surcharge (reduced fine) at the 1st violation and additionally imposing a fine which had been reduced after converting it into punitive surcharge at the 2nd violation.

 
목차
Ⅰ. 들어가며
Ⅱ. 행정지도의 일반론
Ⅲ. 행정지도가 개입된 부당한 공동행위
Ⅳ. 행정지도와 부당한 공동행위의 법적 과제
Ⅴ. 마치며

주제어
지방자치단체  ,행정지도  ,독점규제 및 공정거래에 관한 법률  ,부당한 공동행위  ,과징금  ,administrative authority  ,administrative guidance  ,the Monopoly Regulation and Fair Trade Act  ,fair competition  ,unfair collective practices  ,fine