일본 독점금지법상 심판폐지제도에 관한 비교법적 검토

Abstract

In this paper, since the Antitrust Act was enacted in 1947 in Japan, the judging system of the Fair Trade Commission was to have a major feature among the Japanese laws. However, it was completely abolished in 2013 by the revision of the antitrust law. Therefore, the provisions of the judgment procedure for ordering exclusion measures or payment of fines, and the provisions of the actual examination of evidence in the cancellation suit of the judgment, were abolished As a result, Japan's Fair Trade Commission was empowered to take administrative actions ordering exclusion or payment of fines through systematic prior procedures rather than hearings on administrative procedures and to file a cancellation suit with the Tokyo District Court. This can be seen as a re-construction of a house under antitrust laws in the form of a fairly general administrative process. In this regard, Japan can be seen as limiting the scope of Korea's business groups' influence on unfair trade practices by granting considerable authority to the Fair Trade Commission. This method of discussion is similar to the regulatory models of the United States and Europe, but various issues have been raised due to the lack of detailed consideration in the process leading to the revision of 2013. Therefore, this article will first review the features and main contents of the judging system of the Japanese Fair Trade Commission and review various discussions that occurred during the 2013 revision of the judging system. On top of this, as a legislative option, the discussion on the revision was carried out in the confrontational relationship of 'pre-examination trial' and 'non-conformity review' to present the implications of our law by conducting comparative legal review with our country.