공정거래법상 동의의결 절차에 있어서 ‘이행관리제도’의 체계상 지위와 실효적 운영을 위한 보완 방안

Abstract

The consent decree has raised a fundamental question about whether the system can be effective in the enforcement of the Monopoly Regulation and Fair Trade Act (MRFTA) since its introduction. Also, as the system has been implemented for ten years, the assessment for its pros and cons have become more apparent, and the revitalization of the system has been constantly discussed. On the other hand, such assessment for the consent decree has been made not only because of its nature but also of the expansion of skeptical views on the system due to poor implementation management. In fact, existing discussions relating to the system focused mainly on specific steps, including ‘whether or not to initiate the procedure’ or ‘confirmation of the consent decree resolution’ in the procedure of the system. As a result, despite negative views on the effectiveness of the implementation or the effectiveness of the inspection after the consent decree is finalized, it is true that the content related to ‘implementation management’ was either excluded from the discussion itself or treated passively. Looking back critically at such existing situation, ‘implementation management of consent decree’ should be considered to be encompassed in light of nature of the consent decree. The procedures of the implementation management may not be understood as a separate process different from series of steps leading to the confirmation of the proposed consent decree. In April 2021, the partial amendments to the MRFTA was passed by the National Assembly in order to enhance the reliability and transparency of the overall case handling procedure, including investigation and deliberation, as well as to strengthen the due process of Korea Fair Trade Commission (KFTC) investigation. This article reviews the regulation related to the ‘implementation management system of consent decree’ introduced as KFTC can entrust the management task to the Korea Fair Trade Mediation Agency (KOFAIR) and Korea Consumer Agency (KCA), and then suggests the substantive and procedural supplementary measures.