불공정거래행위에 관한연구

Abstract

The Korean Fair Trade Act enumerates the kinds of Unfair Business Practices in a provision. The Article 23 of this Act lists such practices and prohibits firms from enga ging in any act which is likely to impede fair trade, or causing Affiliated Corporation or other firms to commit such act. Fair Trade means fair act not only in the methods or means of competition but also in contents and condition of trade, in addition protection of consumer's benefits. Unfair of act is effected when the undertaking is apprehended that his act impede fair competition. It is meaningless the distinguish between "without the fair reason" and "unfair" in the decision or interpret of unfair act, because it is unreasonable in interpretation of Ar ticle 23 of the Korean Fair Trade Act. The act of the undertaking must, therefore, be conformed to Article 23 of the Act. And the another element for the application of that Article is that the act of the undertaking is able to obstruct fair competition.