공정거래법상 징벌적 손해배상제도의 도입에 관한 검토

Abstract

The punitive damages have been developed as a kind of remedies of damages due to torts in Anglo-American legal system. In particular punitive damages have played an important role in antitrust law, and section 4 of Clayton Act has given a literal base of punitive damages(treble damages). Specially in field of antitrust law, punitive damages have been valued to increase the effectiveness of enforcement, in spite of adverse criticism. In this regard, it is necessary to discuss as to adoption of the punitive damages into Monopoly-Regulation Act in Korea. In Monopoly-Regulation Act, the private enforcements have been rarely accomplished since the enactment of this law, the enforcements have been chiefly depended on the administrative methods. In this circumstance, the punitive damages could serve to raise the effectiveness of the enforcement of Monopoly-Regulation Act. And the idea, the punitive damages could breach the rule of responsibility, is not definitive, we could find the possibility to harmonize the punitive damages with the rule of responsibility.