최근 동의의결의 동향과 향후 과제- 제도 활성화를 위한 개선방안 -

Abstract

According to the ʻʻconsent decree system,ʼʼ in the process of investigation or deliberation by the competition authorities, business operators or business associations may voluntarily propose corrective measures such as the voluntary resolution of restrictions on competition and remedies for consumer damage. After collecting opinions from people and entities that have interests in the matter, the competition authority determines the validity of the corrective measures. If the validity of such corrective measures is admitted, the consent decree system promptly closes the case without determining whether the case is illegal or not. In the consent decree system, the Korea Fair Trade Commission reaches an agreement with the person accused of potentially violating the law. Through this agreement, it is possible to voluntarily, promptly, and efficiently correct the situation where concerns about illegality have been raised. In addition, the consent decree system has a positive function that can effectively relieve consumer damage. When the consent decree system is adequately operated in accordance with its original purpose, positive effects such as prompt guarantees for victims, resolution of restrictions on competition, improvement of trade order, and cost reduction of competition authorities can be expected. However, since the adoption of the consent decree system in the Fair Trade Act and the Labeling and Advertising Act, only 13 cases (18 cases based on case number) have been applied for the consent decrees, raising the problem that the utilization of the system is poor. In addition, issues such as the Korea Fair Trade Commissionʼs broad discretion, granting indulgences to businesses violating the law, and poor performance management have been consistently pointed out. However, since the consent decree system is an alternative enforcement means introduced to resolve concerns under the competition law and has various advantages, it is necessary to continuously improve the institutional framework to alleviate the shortcomings and maintain the social benefits generated by the system. In particular, in the case of complex competition issues appearing in the digital economy or in cases where the theoretical framework is not sufficiently robust, the consent decree system can be very effective, such as quickly revitalizing market competition and contributing to transaction improvement. When the consent decree system was introduced in 2011, concerns were pointed out that the system was highly susceptible to abuse and that the consent decrees could not be used as evidence of illegality. However, given the current state of the systemʼs operation in Korea, these concerns did not appear to be realistic. There are few cases of application for consent decrees. In order to utilize the system, it is necessary to find the cause of the low application rate and to find a way to alleviate the rigidity of the system. In addition, the successful establishment of the system is also related to the issue of transparency and reliability of system operation by competition authorities. Therefore, not only from the viewpoint of the applicant business but also from the viewpoint of consumers and third parties who have suffered damage, an institutional frame that can recover damage and solve problems in the consent decree system should be systematically established.