최근 기업 담합행위의 특성과 억제방안에 관한 연구 : 집단소송법 및 징벌적손해배상제 도입과 자진신고자감면제도개선 등을 중심으로

Abstract

Recently it is exposed by KFTC that cartel is spreaded in the whole industries closely related with basic necessities. However, even thoughcartel-leading companies like conglomerates are exempt from the fines and criminal prosecutions by abusing Leniency,consumers are suffering from its damages. The reason of cartel participation is that the gain of cartel is much bigger than the cost of punishment from the viewpoint of companies. Reviewing KFTC’s activities on cartel, while the numbers of cartel exposure are increasing, the fines stays still in the low level, since Leniency makes fines exempt. On the contrary, consumers’damages are expected to astronomical sums and the recovery of the damages is veryrare, since the related lawsuits are not common in Korea. As one of improvement, the amendment of Monopoly Regulation and Fair Trade Act is necessary. Firstly, class-action lawsuits should be introduced in order to activate lawsuits of victims. Secondly, punitive damages areintroduced like that the fines is three-fold the amount of real damages. Thirdly, KFTC’s exclusive prosecution should be abolished to activate criminal punishment against cartel companies. Fourthly, leniency to reflect market share should be introduced in order to limit the whole immunity of fines when leading companies are the first voluntary reporter of its participation in cartel. And while leniency of fines on voluntary reporter is kept, criminal charges are not to be considered as one of leniency and instead, the sentences is able to be reduced as self-surrender. If Monopoly Regulation and Fair Trade Act is amended in this way, cartel-leading companies are not exempt from fines and criminal prosecutions by abusing Leniency, the consumers’ lawsuits can be activated and eventually the chances of actual compensation of cartel victims will be wide.