경쟁법과 불공정경쟁행위의 관계에 관한 비교법적 연구

초록

Each countries has developed both competition law regime and unfair competition law regime as separate fields of law from each other in terms of the origin, the goals and the disciplinary methods. But both of them have an inevitable implications to each other in that they all govern the competition taking place in the market. In particular, relations between them became more close as the interests of consumers came to be highlighted as important principles of unfair competition law of major nations in latter half of the 20th century. The Korean Monopoly Regulation Act, the competition law legislation provides for the prohibition on unfair trade practices which prohibits broad variety of business acts as unfair trade practice. It has been pointed put that the relation between competition laws, and unfair competition and the legal regime governing unfair competition is unclear and non-systematic. However, the regulatory regime on unfair competition through law enforcement by the competition authority has advantages when the business practice in issue is not simply related to the interests of competitors but touches on the public interest or the issue of consumer protection. Thus, in the case of Korea, where the judicial discipline for unfair competition in the market has not well developed, it is important enough for a reasonable division of roles disciplining unfair competition between competition laws and unfair competition laws. However, in light of the limited law enforcement capacity and expertise of the competition authorities, it is desirable that competition law regime more focus on anti-competitive business practices leaving more unfair competition cases to judicial remedies in the future.

키워드