기업의 거래행위의 부패방지를 위한 법제 - 기업의 불공정거래를 규제하는 경쟁법제를 중심으로 -

Abstract

The corruption is spread out in as many areas as political, economical, public or private sectors. Among them we considered corruption in commercial sector (hereafter business corruption) in this paper. In recent years, economists have come to recognize that business corruption is not just a matter of personal illegalities but is a systemic feature of many economies, which constitutes a significant impediment to economic development. If we are to attain 20,000 USD GNP in the near future, we should root out business corruption problems above all. There are many anti-business corruption provisions in the competition law system including the Monopoly Regulation and Fair Trade Act. Several provisions in the Act and subordinate regulations are related to secure fair trade as a means of transparency among businesses. However the various laws and regulations haven’t improved the situation substantially, thus nowadays we are faced with business corruptions. At first, we classified business corruption in the real world into two forms and defined it an unfair method of competition in the market. Afterwards we looked into the legal requirements of the provisions that prohibit the unfair trade in U.S., German and Korea. For conclusion, I would like to suggest the paradigm of the rule of per se illegal and the rule of reason analysis in valuing unfair trade action. Based on this paradigm, we would be able to save a lot of time and money in administrative and judicial processes and could improve efficiency in legal enforcement.