대리점법의 효과적인 집행 및 그 개선을 위한 방안

Abstract

The Fair Agency Transactions Act (FATA) was enacted without sufficient accumulation of enforcement experience concerning agency transactions under the Monopoly Regulation and Fair Trade Act (MRFTA). And the FATA copies the types of prohibited actions from the MRFTA, failing to reflect the special characteristics of agency transactions, and some of its provisions reveal inconsistency and contradiction. However, the FATA reflects the intent of the legislature to prevent the harmful consequences of unfair transactions concerning agencies, that have become a subject of severe criticism by the general public. It also introduces tougher regulatory devices, such as ex ante regulation on contracts and treble damage actions, that are hard to be introduced into the MRFTA. In order to realize the legislative purpose of the FATA, we should develop a more suitable standard of interpretation concerning agency transactions through the accumulation of enforcement experience under the FATA. We also need to improve the act by eliminating inconsistencies and contradiction not only in its substantive provisions, but also in its procedural ones. And, at an early stage of its implementation, more flexible approach should be preferred to minimize the side effect of its comprehensive coverage and severe sanctions.