獨占規制法上 損害賠償請求訴訟의 諸問題

• 영문명: A Study on Problems on Private Remedies for Damages of Korean Antitrust Law
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 김구년(Gu-Nyeon Kim)
• 간행물 정보: 『비교사법』比較私法 제14권 제1호, 261~291쪽, 전체 31쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.03.30

영문 초록

  Korean Antitrust law has been issued 26 years ago. Korean Fair Trade Commission has made an effort for control of anti-competitive practices and establishment of competition on market. However, according to the number of cases handled by KFTC, we can assume that anti-competitive practices don"t decrease. Recently many Scholars think the problem lies in enforcement of the antitrust law rather than the law itself. The remarkable characteristic of Korean antitrust law is that antitrust law enforcement largely depends on administrative regulations by KFTC. Nowadays, the studies on enforcement of anti-trust law are active. In Korea, compensation for damages is sole method of private enforcement. But, this has not been used actively. To file a suit, the injuries had to go thru regulations of KTFC and it is not easy for the injuries to prove accurate damages. Those have been discussed as the reasons. Thru revision of Korean antitrust law in 2004, the process to file a suit becomes more easy. The purpose of this study is to analysis system of compensation for damages of present Korean antitrust law.
  But, private sue for compensation for damages is an ex post method, so to prevent damages, we need injunction. Because damages caused by illegal practices sometimes are small accounts, introduce of class action and punitive damages are also needed.

목차

Ⅰ. 머리말
Ⅱ. 독점규제법 56조와 민법 750조의 관계
Ⅲ. 독점규제법상 손해배상청구권의 성립 요건
Ⅳ. 관련문제
Ⅴ. 맺음 말
【참고문헌】
【Abstract】

키워드

독점규제법 손해배상 금지청구권 징벌적 손해배상 집단 소송 Korean Antitrust Law Damages Injunction Punitive Damages Class Action