공정거래법상 현저한 규모에 의한 지원행위(물량몰아주기)의 위법성 판단기준

Abstract

As the practices of supporting subsidiaries with volumes of trade by the chaebol have occurred, concerns on the problem of suppression of economic power concentration are raising again. The act of supporting with volumes of trade which is also called to Mul-lyang-mol-a-ju-gi in korean is stipulated in the Monopoly Regulation and Fair Trade Act(hereinafter "Fair Trade Act") as a kind of the unfair trade practices( Article 23 §1(ⅶ)). However the purpose of the regulation on the unfair trade practices including Mul- lyang-mol-a-ju-gi have been considered rather to suppress economic power concentration than to prohibit unfair trade practices. In fact, this sort of business practices have occurred by companies under the Chaebol for various objectives of business so far, but the regulation on it just has launched and the standard for assessment on illegality is not formed yet. For that reason, denunciation on the legal base and scope of application of the regulation has been expanding. Legal analyses on that subject don't seem to have been performed that often. In this circumstances, this paper tries to present a resonable standard for assessment on illegality of Mul-lyang-mol-a-ju-gi through analysis on the current provision of the Fair Trade Act and judicial decisions. Under the basis of that analysis, it suggests an idea for legislative enhancement as a conclusion tool.