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소비자주권의 실현을 위한 경쟁법·정책의 역할

The Role of the Competition Law and Policy for Realization of the Consumer Sovereignty

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초록

Recently, legislations and legal environments surrounding consumer protection policy have faced fundamental transitions. Among them, the fact that the Korea Consumer Agency came to belong to the Korea Fair Trade Commission(hereinafter, KFTC) may be one of the biggest changes. In this transitory era, the concern on the new tasks which the KFTC shall undertake is getting larger. It has been traditionally said that competition law and policy pursue the same goal as the consumer law and policy do. Simultaneously, however, there are some tensions and conflicts between two policies. In this context, how to coordinate the role of the KFTC as a competition authority with that of the consumer protection is an important issue. This paper intended to suggest a resonable role and function of the KFTC for consumer protection in this new legal circumstances. For this purpose, it reviewed the relationships between competition law and consumer law, especially with the consumer welfare perspective. And it analyzed some systemic models of several countries to protect consumer. Under the basis, it advised the directions the KFTC should take or alter for successful implementation of both policies.

Abstract

Recently, legislations and legal environments surrounding consumer protection policy have faced fundamental transitions. Among them, the fact that the Korea Consumer Agency came to belong to the Korea Fair Trade Commission(hereinafter, KFTC) may be one of the biggest changes. In this transitory era, the concern on the new tasks which the KFTC shall undertake is getting larger. It has been traditionally said that competition law and policy pursue the same goal as the consumer law and policy do. Simultaneously, however, there are some tensions and conflicts between two policies. In this context, how to coordinate the role of the KFTC as a competition authority with that of the consumer protection is an important issue. This paper intended to suggest a resonable role and function of the KFTC for consumer protection in this new legal circumstances. For this purpose, it reviewed the relationships between competition law and consumer law, especially with the consumer welfare perspective. And it analyzed some systemic models of several countries to protect consumer. Under the basis, it advised the directions the KFTC should take or alter for successful implementation of both policies.

참고문헌 (14)

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  4. 석동수, "경쟁정책과 소비자정책 연계에 관한 국제적 논의 동향" (2007), 소비자본부 ? 한국소비자원 하계 워크샵 자료집
  5. 이봉의, "공정거래법의 목적과 경쟁제한행위의 위법성", 경제법판례연구, 1 (2004)
  6. 한국소비자보호원, "주요국 소비자정책·기구 현황조사" (2005), 한국소비자보호원
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  9. Katalin Judit Cseres, "Competition Law and Consumer Protection" (2005), Kluwer Law International
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  12. J. Vickers, "Economics for consumer policy" (2003), British Academy Keynes Lecture
  13. R. Ahdar, "Consumers, redistribution of income and the purpose of competition law", ECLR, 23(7) (2002)
  14. R.H. Bork., "he Antitrust Paradox: a policy at war with itself" (1978), Basic Books

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