중국의 독점협의 규제 일고 - 한국과의 비교를 중심으로 -
Systems of Regulations against Monopoly Agreement in China - Centering on Comparison with those in Korea -
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With a good reason, illegal collaboration is an important object in the law of monopoly regulation. China also arranged and enacted the related contents under the term of monopoly agreement when antimonopoly law was established in 2008. Article 13 and Article 13of antimonopoly law in China arranged and enacted the behaviors applicable to vertical monopoly consultation and horizontal agreement in large. In addition article 15 states exceptional cases of monopoly agreement. Article 46 of antimonopoly law in China regulates that when a business person consults about monopoly in violation of antimonopoly law, antimonopoly enforcement organizations can stop illegal behaviors and impose administrative fine, and also regulates remissions for voluntary declarator. In addition, enforcement organizations of antimonopoly law in State Council of the People's Republic of China, NDRC and SAIC, make up for detailed rules on antimonopoly law, that is enacts the regulations of anti-price monopoly and the regulation of behavior agreements prohibited by SAIC. There are many, insufficient and complementary, except punishment of monopoly agreement and remissions for voluntary declarator in antimonopoly law in China, though many years didn't pass from enforcement. But, this thesis looks into monopoly agreement in China, and examines some complementary points on remissions for voluntary declarator through comparison between that of Korea and that of China, after drawing out its characteristics and problems.
Abstract
With a good reason, illegal collaboration is an important object in the law of monopoly regulation. China also arranged and enacted the related contents under the term of monopoly agreement when antimonopoly law was established in 2008. Article 13 and Article 13of antimonopoly law in China arranged and enacted the behaviors applicable to vertical monopoly consultation and horizontal agreement in large. In addition article 15 states exceptional cases of monopoly agreement. Article 46 of antimonopoly law in China regulates that when a business person consults about monopoly in violation of antimonopoly law, antimonopoly enforcement organizations can stop illegal behaviors and impose administrative fine, and also regulates remissions for voluntary declarator. In addition, enforcement organizations of antimonopoly law in State Council of the People's Republic of China, NDRC and SAIC, make up for detailed rules on antimonopoly law, that is enacts the regulations of anti-price monopoly and the regulation of behavior agreements prohibited by SAIC. There are many, insufficient and complementary, except punishment of monopoly agreement and remissions for voluntary declarator in antimonopoly law in China, though many years didn't pass from enforcement. But, this thesis looks into monopoly agreement in China, and examines some complementary points on remissions for voluntary declarator through comparison between that of Korea and that of China, after drawing out its characteristics and problems.
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