부당한 공동행위의 실행행위와 기수시기 -일본 사례를 중심으로-

Abstract

Article 66 (1) No.9 of Monopoly Regulation And Fair Trade Act provides “Any person who does or induces an unfair collaborative act in violation of Article 19 (1) …… shall be punished by imprisonment for not more than three years or by a fine not exceeding 200 million won”. In case that unfair collaborative acts are dealt in criminal process, decision of nature of unfair collaborative acts is matter. If unfair collaborative acts are considered as so-called continuous-violations, all persons who are participants until the completion of the crime will be the criminal. However if unfair collaborative acts are considered as so-called status-violations, persons who are only participants at the first cartel will be the criminal. In Korea this theme has been discussed in a judicial precedent and academic fields as well. It is nevertheless expected that attempt and completion of unfair collaborative acts will become an object of legal concern on and on. In this paper, therefore, we examined japanese cases and articles in a comparative legal perspective. Finally we have derived three implications as belows. First, legal interest infringement on unfair collaborative acts last until extinction of that unfair collaborative acts. Second, in principle, a point of a basic agreement is actus reus infringement and time of consummation. The principle however can be changed. It depends on the situation of each case. Third, formation or deviation of accomplice are possible during time between starting point and end point of unfair collaborative acts.