일본 독점금지법의 변화 - 일본 독점금지법 개정안을 중심으로 -

Abstract

According to the 53th article of Monopoly Regulation and Fair Trade Act of Korea, they can raise an objection to a disposition by Fair Trade Commission within 30 days from the day they are given the notice of a disposition, when they have a cause of objection. In other words, FTC takes charge of raising of an objection again that has been disposed first by FTC. In the case that they disagree with the second disposition of FTC, the affair is transferred to the exclusive jurisdiction of Seoul High Court. Therefore, a fair trade case is treated by not the third trial system. There has been a continuous criticism that the fairness cannot be guaranteed in this system. However, Japanese Antitrust Law, which Korean Monopoly Regulation and Fair Trade Act was modeled on, abolished the Claim System which corresponds to raising of an objection of Korea. And a revised bill, in which a fair trade case is handled base on the third trial system, was brought as a government legislation to the House of Representatives of Japan. This reflects that Japanese government accepts the opinions of the business community that has insisted that a case of fair trade should have a chance of the third trial system. Thus, in Korea, raising of an objection system should be abolished and replaced by a new system bases on the third trial System that can give two chances of fact-finding proceedings to protect people’s right. By this, a case of fair trade should be handled more fairly and transparently.