반부정당경쟁법의 개정과 사법적 적용- 인터넷 부정경쟁 행위 유형을 중심으로 -

Abstract

The Law of the PRC against Unfair Competition(hereinafter referred to as the “Anti-Unfair Competition Law”) was amended in November of 2017 for the first time since it was enacted in China 24 years ago in 1993. In an environment where the Internet is rapidly spreading, unfair competition activities related to the Internet also show the characteristics of the age of science and technology, and these characteristics have a profound effect on existing laws and regulations. In this context, it can be said that the law adapts to the new regulatory environment through the norms that harmoniously coexist with the general provisions and the enumeration provisions of the unfair competition practices in the Internet market. In this paper, we first examine briefly the contents of the Anti-Unfair Competition Law revised at the end of 2017 (Ⅱ), examine the legal status of the Article 2 general clause, Article 6 and Article 14 enumerations, (Ⅲ), “Types of Internet Unfair Competition” (Ⅳ) and judicial regulatory trends (Ⅳ), and then, in the conclusion, The application and interpretation direction (Ⅴ) will be presented. First of all, in the paper Ⅱ, the Anti-Unfair Competition Law of 2017 clarifies the concept of unfair competition act through the general clause of Article 2 and broadens the scope of its application to production management activities in market transactions, and consumers. In addition, Article 6 regulates the types of misconceptions and confusions. Article 14 introduces a new type of unfair competition behavior in line with the development of the internet industry so that the enforcement agencies can actively respond to environmental changes. In the paper Ⅲ, we clarify the legal basis through the amendment of the general clause in relation to the scope of the unfair competition action on the Internet, and emphasize the significance of the market economic order along with the action object. In addition, through the enumeration clause, we tried to overcome the difficulties of applying the general clause while trying to clarify the status of both by examining the doctrine of relation between the general clause and the enumerative clause. Next, the scope and application of the judicial trial are examined, and specific cases are verified. In addition, I would like to present a more desirable legislative direction through the evaluation of the amendments to the Anti-Unfair Competition Law. In the paper Ⅳ, we clarify the concept of unfair competition on the internet, classify the type as goodwill damages and business secret infringement, and summarize the necessity of legal regulation on them.