독점규제법의 전면 개편을 위한 제안

Abstract

This year Korea celebrates the 35th anniversary of the legislation of its antitrust law, the Monopoly Regulation and Fair Trade Act (hereinafter, "MRFT Act"). In this article the author proposes that the present structure of chapters and sections' numbering of the MRFT Act should be reorganized and improved. Since its enactment the MRFT Act has supplemented so many interpolated provisions with additional section numbers and many blank section numbers have been produced due to deleted provisions. Concerning substantive matters, the author's suggestions include: (1) To separate the provisions restricting concentration of economic power from the current chapter 3 which deals with merger controls and to establish a new chapter for those provisions comprising the provisions prohibiting unfair subsidizing or unreasonably favorable deals among affiliated companies; (2) To presume the illegality of hardcore cartels and abolish the provisions for the authorization of unfair collaborative acts; (3) To abolish the current individual chapter controlling business associations' restrictive practices and relocate such regulations to other relevant chapters; (4) To retire the provisions of the chapter prohibiting restrictive clauses in transnational contracts or agreements and delete the whole chapter covering the regulation of such contracts; (5) To downsize the resale price maintenance provisions; (6) The purpose provision of the MRFT Act should not be maintained; (7) Several paragraphs defining selected terms in the MRFT Act become obsolete or inappropriate. Such outdated provisions should also be modified or eliminated.