미국과 유럽의 경쟁법상 사전청문제도

• 영문명: The Prehearing Procedures on Competition Law in EU and US
• 발행기관: 개인저작물
• 저자명: 정완(Choung, Wan)
• 간행물 정보: 『개인저작물 - 법학·행정』제5권 제1호, 263~285쪽, 전체 23쪽
• 주제분류: 법학 > 개인저작물
• 파일형태: PDF
• 발행일자: 2008.09.01

영문 초록

The modern state is referred to as the welfare state or the administrative state. The welfare state promotes public interests and welfare of the people. The administration under the welfare state has become more proficient and more technical, which has caused the expension and strengthening of the administrative function. The modern administration has enlarged, but the reinforcement of administrative power is prone to infringe fundamental human right. So the modern administrative law has problem how to balance the both goals the strengthening of the administrative power and the protection of the human right. This article focused on the hearing procedure of EU and US. The hearing procedure originated from the English and American law; natural justice and due process of law. The hearing procedure require to people`s rights and interests, ensure to guarantee their own rights to claim a hearing. The purpose of this thesis is to analyze and evaluate the hearing procedure on competition law in EU and US. The enforcement of our Fair Trade Commission is very powerful on the the competition law in Korea, and so its regulation to the accused could be very severe. We will try to develop our competition law system through studies about the prehearing system of EU and US.

목차

Ⅰ. 서언

Ⅱ. 미국 경쟁법상 사전청문제도

Ⅲ. 유럽연합 경쟁법상 사전청문제도

Ⅳ. 결어

참고문헌

ABSTRACT

키워드

경쟁법 독점금지법 청문 사전청문 사건처리절차 미국 연방거래위원회 유럽연합 청문주재관 Hearing Procedure Prehearing System Competition Law FTC law Fair Trade Commission Code of Federal Regulation Adjudicative Proceedings