담합의 종기와 관련한 몇 가지 쟁점에 대한 소고 - 계속적 입찰담합, 담합의 탈퇴, 자진신고 관련 쟁점을 중심으로-

Abstract

In terms of duration, generally, cartel would end where the infringement ceases, or where duration of agreements ends according to case law in Korea. Also similar rule can be applied when it comes to 'a single overall agreement'. In general, this principle will be the same related with 'bid-rigging'. However, in some cases, the cessation of the infringement could be set from the very day upon which agreements has established although practices set out in the agreements still leave. In this sense, recently the Supreme court also confirmed that limitation period for imposition of fines begins to run on the day when a contract related with bidding has finished if there would be no more restrictive effects on competition triggered by the agreements. Furthermore, even during the infringement, a whistle-blower can be regarded as withdrawn from a cartel, and as a result, the infringement of whistle-blower ends. There has not been any clear precedent case law regarding this issue. Recently the Supreme court showed the same opinion as above. From my perspective, the court's view is plausible because it will contribute to legal certainty.