경제법제의 쟁점과 전망

Abstract

After 10 years rule of so-called leftists, newly inaugurated government is devoted to reform the national economy into a more market oriented one. Reforming the legal environments of businesses including antitrust into a more business friendly ways has become one of the major agenda for the new government. Firstly, this paper is designed to develop a theory for constitutional test over statutes that are presumed to be anti-competitive or hampering market functioning in each industry. In these context, this paper also explores constitutional foundation of private market economy in Korea, and stresses that economic order of Republic of Korea must be given the implications of basic human rights. It is expected that a korean model of private market economy would be developed through active decisions of Constitutional Court on undue limitations on market function in each industry. Another issue covered in this paper is the relationship between industrial policies and competition policy. Reforming the overlapping jurisdictions both by various professional regulatory bodies and fair trade commission has become one of the hot issues of regulatory reforms amid norm addressee's hostility against enforcement of competition law. In the legislative efforts, anti-competitive provisions in various business acts should be confirmed and restated and a more efficient system of procedural remedies must be ascertained amid cooperation between competition bureau and regulatory bodies.