전세계적 경쟁시대에 있어서의 한국 경쟁 법규의 대응방안

• 영문명: Response of Korean Competition Laws to the Global Competition Era
• 발행기관: 인하대학교 산업경제연구소
• 저자명: 정문수
• 간행물 정보: 『경상논집』경상논집 제13집 제2호, 85~98쪽, 전체 14쪽
• 주제분류: 경제경영 > 경제학
• 파일형태: PDF
• 발행일자: 1999.12.01

영문 초록

National markets are presently undergoing a revolutionary change worldwide, being fast integrated into a single global market, thanks to the successive trade liveralization rounds under the GATT/WTO, the demise of socialism and the revolutionary pace of change in communications. Korean economy is being transformed, if not has already been, into an open economy. An open economy with and open market requires an open economic system which in turn necessitates a fundamental change in the economic regulatory system. The laws and policies on antitrust, or competition more generally, makes up the key piece of any national economic regulation. This means there is an urgent need to revise the current Korean competition regulatory system. The current law is primarily geared to regulating activities of domestic enterprises in the domestic market. However, there is no longer a domestic market clearly independent of and segregable from the global market. This dichotomy of the market reality and regulatory norms raises several issues: First, the purpose of the regulatory regime is no longer achievable without appropriate regulation of foreign enterprises which already form an important part of the domestic market. Secondly, lack of regulation of foreign enterprises may pose the issue of reverse discrimination of domestic enterprises vis-a-vis the former which are not subject to such regulation for the same kinds of activities. Thirdly, the very validity of the concept of "domestic national market" on which the present regulatory regime is based may need to be questioned. This article first reviews the needs for change in the present Korean laws and regulations related to competition in the light of the much changed reality of the market and examines the experiences of other countries which have already dealt with this issue. It then suggests and discusses several amendments to the present laws deemed desirable with respect to various specific areas of monopoly, mergers, cartel, international contracts and judicial processed. The overall thrust of the article is that while the present laws may be interpreted as allowing an extraterritorial application, it is better still to be comprehensively revised to accommodate the drastically changed reality of the market.

목차

1. 서론

2. 글로벌 시장과 경쟁개념의 재정립

3. 경쟁법규의 역외적용

4. 경쟁법규의 정비

5. 결어

Abstract