중국 부정경쟁방지법상 인터넷 부정경쟁행위 관련 규정 검토

Abstract

The unfair competition law was designed to regulate unfair competition caused by social and economic development. The Anti-Corruption and Competition Act has the individual and special legal nature of illegal acts under civil law. The unfair competition law of Korean and Chinese regulate acts that undermine the competition order by disrupting the market competition order and aims to protect the interests of managers and consumers by maintaining a free competition order. Besides, there is something in common in that it adopts a method of listing unfair practices, but there are some differences in specific individual clauses. In particular, the part concerning regulation of unfair practices on the Internet is not included in the Korean law. The revision of China's the unfair competition law makes the Chinese government's willingness to regulate against the unfair competition law. It is assessed that the unfair competition revision was carried out in consideration of the rapid increase in the number of cases of illegal competition on the Internet due to the rapid development of the Chinese Internet industry. Moreover, since 2010, a number of new types of the conflict-prone unfair competition have emerged on the Internet. Article 2 as the working-level opinion that the general clause should be applied strictly, the revised law established a type of Internet the unfair competition for the development of the Internet industry. With the establishment of a separate clause, Article 12 was prepared to independently stipulate the types of Internet unfair competition practices.