공정거래분쟁조정법(안)의 입법적 함의와 실효성 제고를 위한 개선 방안

Abstract

The dispute mediation system, which was introduced in the 「Monopoly Regulation and Fair Trade Act」 in 2007 to ‘improve the effectiveness of damage relief and the efficiency of law enforcement due to unfair trade practices,’ has been sequentially and expanded, focusing on the so-called ‘Fair Transactions Act,’ and has continued to improve the operation of the system. However, it has been difficult to promote the improvement of the overall dispute mediation system due to the lack of a unified law, and the problem has been raised that the system is scattered across six laws, including 「Monopoly Regulation and Fair Trade Act」(MRFTA), and thus the uniformity of laws and the efficiency of the legal system may gradually deteriorate. In order to solve this problem, the Fair Trade Commission submitted to the National Assembly a bill on the 「Act on Mediation of Disputes Related to Fair Trade」(Fair Trade Dispute Mediation Act) that integrates the dispute mediation systems stipulated in each of the six relevant laws, including the MRFTA. This bill focuses on ① comprehensively reorganizing matters that are somewhat different from each law or are omitted in some laws, such as the reasons for dismissal or termination of mediation procedures and the effect of mediation records, ② reinforcing institutional devices related to dispute mediation, and ③ reorganizing the role of the mediation agency, introducing simplified mediation procedures and the appraisal/advisory system, and expanding the small conference and group mediation systems. However, as a basic law in the practical sense, the legislative implications of the Fair Trade Dispute Mediation Act may not be that great, and there is skepticism about newly introduced or expanded systems, so we would like to suggest measures to improve them.