공정거래법상 전속고발권의 존폐론 검토

Abstract

The Monopoly Regulation and Fair Trade Act gave Fair Trade Commission exclusive complaint right that was on dispute so far since introduction in 1981. On June 25, 2013, the National Assembly revised the law to expand request of the complaint on illegal cartel in accordance with the law that was on dispute so far. This was because the revision of the law was difficult to accept abolishment of exclusive complaint right from point of view of whole value of the revision. The dispute on exclusive complaint system was largely originated from not only difference of position of parties interested but also conflict of interests that was recurred at discussion of scholars on the system. In other words, dispute on the exclusive complaint system was ongoing. More than 30 years after the Fair Trade Act introduced the system, abolition of the system should be carefully reexamined. This study investigated to reexamine abolition of the exclusive complaint right in accordance with the Fair Trade Act: 1) values and functions of the exclusive complaint system, 2) current state of exclusive complaint right and legislation of each country, 3) situation and problems of discussion on abolition of exclusive complaint right in accordance with the Fair Trade Act. The study suggested legal reformation for abolishment of exclusive complaint system to reach a conclusion:The exclusive complaint system of the law was introduced to let enterprise and other economic entities get national and/or administrative influence in the era of state-dominated economic development. But, the system prevented competition order and sound development of national economy under current economic system so that it should be abolished. The revision of the law that criminal punishment of the law was under control of the Administration was on dispute. Therefore, exclusive complaint right of the law should be abolished: In other words, American system of antitrust dual enforcement should be introduced subject to classification and assessment of various kinds of regulatory behaviors under the law.