독점규제법상 금지청구제도의 개선방안에 관한 고찰

Abstract

Under the Monopoly Regulation Act, the prohibition claim system refers to the right of an interested party to directly request the court to suspend an enterpriser's violation of the Monopoly Regulation Act, regardless of the Fair Trade Commission investigation procedure. The prohibition request system restores the order of competition in the market and supplements the Fair Trade Commission's order for correction by allowing an individual to ban further damage if there is a risk or occurrence of an illegal act by a business operator. to be. If the victim requests the court to stop the tortious act and to exclude interference with the tortious business operator, the court may order the defendant business owner to prohibit certain acts or to rule out the illegal acts that have already occurred. The injunctive relief system is not a general remedy under civil law and is stipulated individually in various laws and regulations. For example, in the Civil Act, the right to claim property rights is recognized for infringements of ownership, superficies, leasehold rights, and mortgage rights, the right to request prohibition is recognized by precedent for infringement of personal rights, and unfair competition is also prohibited as a remedy for illegal acts under the Civil Act There are precedents that have recognized the right to claim. In addition, the Patent Act, the Utility Model Act, the Trademark Act, the Design Protection Act, the Copyright Act, and the Unfair Competition Prevention Act clearly stipulate the right to request injunction, and the Monopoly Regulation Act is the latest law to establish the right to seek injunction. In the compensation system, claims can be made after the harm has occurred, but the prohibition claim system can prevent infringement of legal interests by forbidding the harm in advance. For example, in cases where damage cannot be repaired, damages cannot be sufficiently compensated for due to the difficulty in calculating the content and amount of damage, or if the damage continues to expand to an unspecified number of people, the injunction system is a much more effective remedy than the compensation system will be. Since violations of the Monopoly Regulation Act affect the overall market economy, there is a great need for prevention. There is a great need to seek relief and increase the effectiveness of the Antitrust Act. In this article, we will analyze the main contents of the prohibition claim system introduced in the Monopoly Regulation Act, and try to derive problems and improvement measures.