「공정거래법」상 일률적 과징금 산정의 문제점 및 개선방안에 관한 연구: 부당한 공동행위 위반을 중심으로

Abstract

This study analyzed the problem of imposing the same ratio of penalty using data from the Fair Trade Commission's trial decision from 2018 to 2019. It suggested the direction to improve the differential imposition of penalties and amend laws according to the size of the company.There are four problems with the imposition of the same ratio of penalties. First, in the second adjustment of the imposition of penalties, the reduction ratio of large enterprises is greater than that of small and medium-sized enterprises(SMEs). Second, the ratio of penalties to operating profit of SMEs is considerably higher than that of large-sized companies. Third,the operating profit ratio of SMEs decreases sharply after the imposition of penalties compared to that of large-sized companies. Fourth,the operating profit ratio of SMEs is considerably lower than that of large-sized companies. As an improvement plan for the uniform imposition of penalty surcharges, it is reasonable to impose differential imposition by corporate size in the final imposition of penalty surcharges. For the differential imposition of penalties by corporate size, a plan for amendment of the Monopoly Regulation and Fair Trade Act and Enforcement Decree was proposed.