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공정거래법상 지주회사 규제의 문제점과 개선방안

A study on the problems and Improvements of holding companies on Monopoly Regulation and Fair Trade Act.

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참고문헌

키워드

주제분류법학

초록

This paper is concerned with the legislations of holding companies which have excessively been regulated by the government. Emphasis is placed on the validity of the regulations of the holding companies. Therefore, this article aims to provide the problems regarding the validity of the regulations of the holding companies and then to solve the various and rigid regulations of the holding companies. The problems of the regulations are as follows: Above all, compared some policies of the holding companies in other countries, there are various strict legislations on them in korea, also there are no harmonizations with the other countries containing Japan and U.S and finally there has been set against the tendency of the U.S. Federal Cases. Because of these reasons, many side-effects have been arisen nearly every aspects. For instance, the regulations and policies on holding company have infringed the rights of business of the company and shrinked the applications of the corporate governance. Making that negative impact as small as possible, we should promote competition and evaluate the effectiveness of the holding companies. Whether we like it or not, in ways that are mostly positive, in an age of information and global competition, as the world′s economies are more and more interconnected and interdependent, to promote competition in Korea whose circumstances are not favorable to develop market economy, It has generally been argued that we will amend strict sanctions against holding companies imposed by Fair Trade Act.

Abstract

This paper is concerned with the legislations of holding companies which have excessively been regulated by the government. Emphasis is placed on the validity of the regulations of the holding companies. Therefore, this article aims to provide the problems regarding the validity of the regulations of the holding companies and then to solve the various and rigid regulations of the holding companies. The problems of the regulations are as follows: Above all, compared some policies of the holding companies in other countries, there are various strict legislations on them in korea, also there are no harmonizations with the other countries containing Japan and U.S and finally there has been set against the tendency of the U.S. Federal Cases. Because of these reasons, many side-effects have been arisen nearly every aspects. For instance, the regulations and policies on holding company have infringed the rights of business of the company and shrinked the applications of the corporate governance. Making that negative impact as small as possible, we should promote competition and evaluate the effectiveness of the holding companies. Whether we like it or not, in ways that are mostly positive, in an age of information and global competition, as the world′s economies are more and more interconnected and interdependent, to promote competition in Korea whose circumstances are not favorable to develop market economy, It has generally been argued that we will amend strict sanctions against holding companies imposed by Fair Trade Act.

참고문헌 (20)

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  2. 김진식, "지주회사와 법" (2005), 소화
  3. 도건철, "지주회사와 법(공정거래법상 지주회사 규제의 쟁점과 개선방안)" (2005), 소화
  4. 공정거래위원회, "독점규제 및 공정거래에 관한 법률 개정안", ~ (2008)
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  14. 지주회사제도: 주요 쟁점 및 시사점(CER-2003-11), "전경련", ~ (2003)
  15. 한철수, "지주회사에 대한 정책방향" (2007), 공정거래위원회
  16. Herbert Hovenkamp, "Federal Antitrust Policy", pp.2005, Thomson
  17. Merle Fainsod, "Government and the American Economy" (1948), W.W.Norton & Company Inc.
  18. Robert H.Bork, "<반트러스트의 모순>" (1991), 교보문고
  19. Viscusi, "Economics of Regulation and Antitrust" (2005), The MIT Press
  20. 村上政博, "독점금지법의 기본체계와 앞으로의 과제", 公正取引, (584, pp.585) (1999), ~

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