일본의 독점금지법 위반 사건처리절차
Investigation and Enforcement Procedure in Anti-Monopoly Act in Japan
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초록
There was the amendment to the Anti-Monopoly Act in Japan in 2005. Particularly this amendment has included a considerable change in the part of investigation and enforcement procedure in Anti-Monopoly Act. From a structural point of view of investigation and enforcement procedure, the core of such change of procedure has been two steps procedure of formation, which consist of former-procedure and after-procedure according to the corrective measure order and administrative fine order of Japan Fair Trade Commission(JFTC). And the former-procedure means an investigation procedure and the after-procedure could be begun when the corrective measure order or administrative fine order are complained. Also it is remarkable that there has been introduced the administrative-criminal procedure, to strengthen the power of investigation of JFTC and ensure the continuance of administrative process and criminal process.
Abstract
There was the amendment to the Anti-Monopoly Act in Japan in 2005. Particularly this amendment has included a considerable change in the part of investigation and enforcement procedure in Anti-Monopoly Act. From a structural point of view of investigation and enforcement procedure, the core of such change of procedure has been two steps procedure of formation, which consist of former-procedure and after-procedure according to the corrective measure order and administrative fine order of Japan Fair Trade Commission(JFTC). And the former-procedure means an investigation procedure and the after-procedure could be begun when the corrective measure order or administrative fine order are complained. Also it is remarkable that there has been introduced the administrative-criminal procedure, to strengthen the power of investigation of JFTC and ensure the continuance of administrative process and criminal process.
참고문헌 (12)
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