독점규제법과 보험의 관계 ― 대법원 2010.1.14. 선고 2008두14739 판결에 대한 평석을 중심으로 ―
A study on the relations between antitrust law and insurance law
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The issues about insurance change from time to time. Nowadays the relations between antitrust law and insurance law is one of the hot issues in this field. There are some conflict between insurance supervisory authority and fair trade commission in regard of their own measures to insurance companies. We should solve this conflict through adjusting the powers of two institutions with rational regarding of the purposes of the antitrust law and insurance supervisory law. To promote insurance industry the insurance supervisory authority has some rights to permit common behaviors of the insurance companies. On the other hands the fair trade commission has authority to regulate common behavior or unfair acts of the insurance companies. When the both authorities conflict we should look at the purposes of the ruling laws of the both authorities. This study concentrates on showing the current problems about the relations between antitrust law and insurance law. Thereby the author has also analysed recent court cases. The financial supervisory authority has ordering right to insurance companies. The fair trade commission can burden special sanctions to such a insurance company. Thereby it brings some conflict between two measures.
Abstract
The issues about insurance change from time to time. Nowadays the relations between antitrust law and insurance law is one of the hot issues in this field. There are some conflict between insurance supervisory authority and fair trade commission in regard of their own measures to insurance companies. We should solve this conflict through adjusting the powers of two institutions with rational regarding of the purposes of the antitrust law and insurance supervisory law. To promote insurance industry the insurance supervisory authority has some rights to permit common behaviors of the insurance companies. On the other hands the fair trade commission has authority to regulate common behavior or unfair acts of the insurance companies. When the both authorities conflict we should look at the purposes of the ruling laws of the both authorities. This study concentrates on showing the current problems about the relations between antitrust law and insurance law. Thereby the author has also analysed recent court cases. The financial supervisory authority has ordering right to insurance companies. The fair trade commission can burden special sanctions to such a insurance company. Thereby it brings some conflict between two measures.
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