현행 공정거래조정제도의 미비점 및 실효성 제고를 위한 보완 방안
An Analysis on the Current Korean Fair Trade Mediation System and Some Supplementary Suggestions for Activation of it.
0
조회
0
다운로드
9
인용
0
참고문헌
키워드
초록
The Fair Trade Mediation System which was newly introduced into the Monopoly Regulation and Fair Trade Act(hereinafter, "MRFTA") in 2007 has not a few meaning in terms of sufficient protection of victims in antitrust cases, activating private enforcements of the MRFTA, effective treatment of antitrust cases in Korea. Although it shows the system successfully settle down in this society,On the other hand, the system fundamentally contains adverse effects as well, in that it can ignore some pubic interests which may be infringed by antitrust practices, through agreement between relevant parties. Thus, the design and implementation of the system needs to be more elaborated, minute and even prudent not only in order to activate but also harmonize with the competition policy enforcement. In this context, this paper attempts to analysis of the current Fair Trade Mediation System with an angle of jurisprudence and legal practices, and make some suggestions for activating the system under more desirable and systematized legal base.
Abstract
The Fair Trade Mediation System which was newly introduced into the Monopoly Regulation and Fair Trade Act(hereinafter, "MRFTA") in 2007 has not a few meaning in terms of sufficient protection of victims in antitrust cases, activating private enforcements of the MRFTA, effective treatment of antitrust cases in Korea. Although it shows the system successfully settle down in this society,On the other hand, the system fundamentally contains adverse effects as well, in that it can ignore some pubic interests which may be infringed by antitrust practices, through agreement between relevant parties. Thus, the design and implementation of the system needs to be more elaborated, minute and even prudent not only in order to activate but also harmonize with the competition policy enforcement. In this context, this paper attempts to analysis of the current Fair Trade Mediation System with an angle of jurisprudence and legal practices, and make some suggestions for activating the system under more desirable and systematized legal base.
참고문헌 (12)
- 강수미, "독점규제법 관련분쟁의 중재의 대상적격", 중재연구, 20(1), pp.41~65 (2010), 한국중재학회
- 유럽연합의 대체적 분쟁해결 제도에 관한 연구, "박노형", 법제처, ~ (2008)
- 신영수, "재판외 분쟁해결과정에서 제기되는 거래제한 문제: Schering-Plough Corp. v. FTC사건", 경쟁저널, (121), pp.68~76 (2005)
- 염규석, "공정거래분야에 있어서 조정제도의 현황과 개선방안", 경영법률, 19(1), pp.419~458 (2008), 한국경영법률학회
- 유병현, "우리나라 ADR의 발전방향", 안암법학, 22, pp.293~314 (2006)
- 홍대식, "사법적 관점에서 본 불공정 거래 행위", 경쟁법연구, 18, pp.203~243 (2008), 한국경쟁법학회
- Charles A. James, "The Real Microsoft Case and Settlement", ANTITRUST, 16 (2001)
- Christopher W. Moore, "The Mediation Process: Practical Strategies for Resolving Conflict" (2003), Jossey-Bass Publisher
- RM Feinberg, "The Enforcement and Effects of European Competition Policy: Results of a Survey of Legal Opinion", Journal of Common Market Studies, 23 (1985)
- R. Posner, "Economic Analysis of Law (4th ed.)" (1992), Little Brown and Company
- William Kolasky, "Arbitration of Antitrust Disputes, Issues in Competition Law and Policy (III)", American Bar Association, 96, pp.2405~2415 (2008)
- Wouter P. J. Wils, "Pirinciples of European Antitrust Enforcement" (2005), Hart Publishing