자진신고자 감면제도에 있어서 적용 제외 사유에 관한 검토

Abstract

The Article 22-2 clause 1 of Monopoly Regulations Act stipulates that For any of the following companies, Companies that have reported improper concerted practices(1) or Companies that have cooperated in the investigations by providing evidence, etc.(2), the remedial measures under Article 21 or surcharge under Article 22 (Surcharge) may be mitigated or waived. The introduction of Leniency Programs(in 1996) into the Monopoly Regulations Act, following the models of U. S. A. and EU, has brought the positive impact on the competitive environment at the industry level. But there may still be several legal problems about the operations of leniency programs,specially the exemptions from the leniency programs. The Article 35 Clause 1 no. 5 of Enforcement Decree of The Monopoly Regulations Act stipulates that Even if a company satisfies the conditions under Subparagraphs 1 through 4, should the company force another enterpriser against the enterpriser’s will to participate in an improper concerted practice or forcefully prevent from disassociating from an improper concerted practice, the company shall not be eligible for reduction of surcharges or reduction of remedial measures. It is very difficult to decide whether the coercion of the company happens, and it must be taken account of the coercion from the market structure or market dominant power. And it is noteworthy that Corporate Leniency Policy of U. S. A. includes Where possible, the corporation makes restitution to injured parties(A. 5.) and The corporation did not coerce another party to participate in the illegal activity and clearly was not the leader in, or originator of, the activity(A. 6.) as requirements of leniency.