거래공정화 규제체계상 ‘대리점법’의 지위와 역할

Abstract

Among legislations governed by the Korea Fair Trade Commission, the portion and importance of the norms regarding fair trade have been contiguously growing. In those circumstances, another legislation(the Act on Fairness of Agency Transaction) has recently joined the ranks of the norms. The new legislation pursues to regulate unfair transaction which can be occurred around the environment of the agency. On the one hand, this newly enacted law follows existing legislations’ example which have been showing unique and strong way of approach in the korean legal system on the unfair trade problem. But it shows differentiated aspects from other related legislations as well, in terms of the characteristics of the regulation, the relationship with the Monopoly Regulation and Fair Trade Act(hereinafter ‘MRFTA’) and other collateral legislations such as the Subcontract Act, the Franchise Act etc. The necessity of enacting a new law was not that vivid and independent from the MRFTA comparing to other collateral laws. Fundamentally, whether intervention of the government on unfair trade issue through this kind of legislation is appropriate or even effective is not clear. This article is composed on critical mind on the newly enacted Act on Fairness of Agency Transaction. It tries to investigate distinct characteristic of the law, and instead of the conclusion it points out some limitations and problems of the law in the aspect of fair trade regulation system in Korea .