공정거래법상 ‘특수관계인’ 규정의 문제점과 개선방향

Abstract

With increased economic scale and transactions, negative social phenomenon may be appeared such as concealment of dealing by registration under disguised ownership hiding one’s name. The concept of the ‘Specially Related Person’ or the 'person with special interest' can be useful solution for the problems. There are various types of provisions on the concept in many Korean laws. The Korean Competition Law (Monopoly Regulation and Fair Trade Act) also uses this concept in many provisions. For example, Article 7 of the act provides that no one shall, directly or through the person with special interest, practically suppress competition by conducting several practices. Article 23 prescribes that no enterpriser shall commit the unfair trade practices. Sub paragraph 7 of the article provides that an act “assisting a person with a special interest or other companies by providing advanced payment, loans, manpower, immovable assets, stocks and bonds, or intellectual properties there to, or by transacting under substantially favourable terms therewith” is one of the unfair trade practices. Although the provisions may be useful to regulate several issues of certain field of competition law such as unfair trade practices and combination of enterprises, they have some problems and have been criticised in several legal points of view. Many issues can be analysed or examined. For example, the ‘Specially Related Person’ who is relative is on the centre of the issues. This study is aimed to figure out the problems and device improvement of the provisions concerning the ‘Specially Related Person’ in the Monopoly Regulation and Fair Trade Act.