공정거래법상 전속고발제도에 대한 비판적 검토와 개선방안

초록

According to Monopoly Regulation and Fair Trade Act(hereinafter ‘Fair Trade Ac’) §71, the Korean Fair Trade Commission has the exclusive right of accusing the major criminal offenses under the Act. But the Korean Fair Trade Commission has accused few cases so that the criminal provisions under Fair Trade Act has not worked effectively to deter the offenses. Therefore, We have to consider the ideas to improve the exclusive accusing system in order to make effective the criminal provisions under Fair Trade Act as the way of strengthening the regulation on unfair practices of large business groups. In the first place, it is desirable to make more narrow the categories of criminal offenses under Fair Trade Act only to criminalize some significant offenses which cannot be deterred by the administrative punishment. In this case, it is necessary that the Korean Fair Trade Commission should have the exclusive right of accusing limited to only the significant criminal offenses to be determined professionally. Moreover, it is necessary to complement the accusing proceedings to prevent forbearance of the Korean Fair Trade Commission.

키워드