공정거래위원회의 전속고발권 존폐론의 검토

Abstract

Monopoly Regulation and Fair Trade Act('FTA') provides that "Any offense in violation of Articles 66 and 67 shall be prosecuted through public action only after a complaint is filed by the Fair Trade Commission('FTC')." This exclusive right of complaint, however, has resulted in the scarce prosecution and punishment of corporate crime and the lack of the protection of the private consumers. Therefore, it has been asserted that the exclusive complaint right should be abolished and a discrete investigation of the prosecutor's office and a private person's voluntary complaint should be allowed. This essay reviews the assertion of abolition and the opposite defense. The main points of the argument are following two comparisons. First, the violations of the FTA have been almost wholly processed by FTC. This exclusive responsibility had been established from the high speciality of the commission and the efficiency of only one-line procedure. However, as the economic condition has changed and much more crimes has occured, the process should be divided into two-folds, that is, to the prosecutor's office for the 'crime'. Second, the private suit of a compensation for damages, as an alternative of the criminal process, has some defects for an enough protection of consumers. They have to prove the illegality and causality of the deeds and are at a disadvantage of legal resources compared to the 'Big Companies'. Therefore, in conclusion, this essay argues that the exclusive complaint right of the FTC should be abolished. Unlike the opposite argument, the abolishment would not result in the urgent increase the criminal process. On the contrary, the prosecutor's office could make an adequate decision as the FTC not to have too strong impact to the economy. Moreover, the companies would be more cautious to avoid the prosecution and punishment and the consumers could restore themselves more easily with the help of the criminal process.