일본 독점금지법 개정에 관한 소고

Abstract

Under the revised Japan Antitrust Law in 2013, they amended the appeal proceedings of dissatisfaction against the judgment of JFTC from second trial to third trial. Accordingly the opinion for revision has emerged in Korea, too. Lawmakers introduced the bill to revise the appeal proceedings of dissatisfaction against the judge of KFTC to third trial. High-level professional expertise is needed when we judge the case because the economic conditions which are the subject of fair trade case are complicated and changeable. Consequently the constitution granted KFTC the status as an independent administrative agency holding the rights of lawmaker and the rights of prosecutor and adjudicator in order to perform the constitutional competition policy efficiently. Meanwhile KFTC is considered to be run in a very exemplary way among rival authorities around the world. But criticism is that failing of strict law enforcement has caused failing of improvement of monopolistic and oligopolistic market structure. Therefore the prosecutorial and adjudicative procedures of KFTC requires to give KFTC more independent status and strengthen the prosecutorial and adjudicative functions for the strict law enforcement of KFTC. At the same time we have to strengthen the rights of parties in the prosecutorial and adjudicative procedures for the businessmen facing their trial to get the proper judgement reflecting the claim which requires revision. As EU also accepted the prosecutorial and adjudicative procedures of Title 16 Code of Federal Regulations(16 CFR) from the international point of view, the prosecutorial and adjudicative procedures of competitive cases have been standardized focusing on the U.S. law. And the need to standardize the prosecutorial and adjudicative procedures of competitive cases in Korea, China and Japan has been increasing. All things considered we have to examine whether we ought to adopt the independence of law enforcement organ and the rights of parties in the prosecutorial and adjudicative procedures of the U.S. Antitrust Law.