불공정거래행위에 관한 연구

• 영문명: A Study on the Unfair Business Practies under the Koean Fair Trade
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 김상규(Sang-Kyu Kim)
• 간행물 정보: 『비교사법』비교사법 제12권 4호, 575~592쪽, 전체 18쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2005.12.01

영문 초록

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.

목차

Ⅰ. 서설

Ⅱ. 입법취지와 규제형식

Ⅲ. 불공정거래행위의 성립요건

Ⅳ. 위법행위의 규제

Ⅴ. 결론

[참고문헌]

【ABSTRACT】