공정거래법 개정안에 관한 분석과 평가

Abstract

The Monopoly Regulation and Fair Trade Act (hereinafter referred to as the “MRFTA”), which was enacted in 1980, has been revised 29 times including the Act on 18 September 2018. All of these revisions has been made partially so far, except only once in 1990. Recently, the need for revision was raised depending on the economic and social needs of the time. As indicated by the government's proposal of the MRFTA, the economic environment and market conditions have changed drastically since the establishment of the Act, and the social demand for the fair economy has increased. Accordingly, the Korea Fair Trade Commission established the Special Committee on Improving MRFTA (hereinafter referred to as the “Special Committee”) and finalized the Final Report on the Plan for Reorganization of the MRFTA through two general meetings and 21 subcommittees. The final draft was submitted to the National Assembly on November 30, 2018, with the opinions of the ministries and stakeholders. As a follow-up by the Korea Fair Trade Commission on the submission of government proposals, the government will continue to fully discuss the major issues, debates and public hearings, and continue to explain the need for legislation to the National Assembly. However, in the current legislative situation, after the 3rd plenary session of the National Policy Committee in March 2019, the deliberations in the National Assembly have not progressed much, and the term of the 20th National Assembly is imminent, the possibility of legislative failure has increased considerably. Even so, the government's proposal could be a useful legislative reference for the next Congress, so it is worthwhile to review it now. A total of 111 amendments, including two amendments, are currently proposed, and so many legislative proposals are in reality. The overall contents of the government's proposal are to comprehensively improve the civil, administrative, and criminal measures, such as raising the penalty limit, abolishing exclusive prosecution for hardcore cartel, and introducing a system of injunctive relief and private antitrust enforcement of unfair trade practices. In line with the rationalization of the policy to suppress economic concentration, efforts are made to rectify the behavior of conglomerates and advance the corporate governance structure, while expanding the defense of the examinee and strengthening the due process of the Korea Fair Trade Commission's investigation. By reorganizing the overall legal system and composition, such as improving transparency in processing, we are trying to improve the fair trade legislation by implementing a fair and innovative market economy system and conforming to the changed economic environment in the 21st century. This paper discusses on the brief review of the proposals of the government, and each subject is accompanied by an appraisal and a description.