독점금지법상의 형사제재

• 영문명: Criminal sanctions in the Antitrust Law
• 발행기관: 중앙대학교 법학연구원
• 저자명: 하야시 미키토(林幹人) 박상진(Park, Sang-Jin)
• 간행물 정보: 『법학논문집』法學論文集 第35輯 第1號, 369~399쪽, 전체 31쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2011.04.30

영문 초록

In this article, Professor Hayashi Mikito of the most recent publication of the paper is related to economic crimes. Japan has been performed Antitrust Law since 1947. However, for the penalty provisions were never applied since the law(Antitrust Law) was practiced. Penalty provision is dormant for 30 years and finally asked in 1980 the High Court ruling applies to the first. This article is written in the wake of this decision. Japan’s Antimonopoly Act was accepted in the United States Sherman Act. Sherman Act, like Japan, have been imposed penalties to Monopoly and trade restrictions. Sherman Act’s has imposed the penalty more frequently than Japan. However, Sherman Act of punishment has been changed in recent years. It summed up the expansion of criminal penalties. In this paper I will introduce these new movements. And apply penalties in the antitrust laws is to reflections on. This paper is composed as follows : (Ⅱ) I will overview that the history of Sherman Act’s punishment. The Act is being operated will be examined. (Ⅲ) This chapter, I will study why Sherman Act’s penalty could not be actively applies until recently, for reasons will be discussed. Also Packer as its centerpiece a look at the characteristics of white-collar crime. And for this part should also review the situation in Japan. (Ⅳ) I will be reviewed the inflation and about the relationship between antitrust policy. And on this point is to introduce the situation of the United States. (Ⅴ) This chapter, for the clarity of criminal punishment is to be studied.

목차

Ⅰ. 서설

Ⅱ. 셔먼법에서 형벌운영의 역사

Ⅲ. 윤리적 무색성(無色性)과 비범죄화론

Ⅳ. 인플레이션과 독점금지정책

Ⅴ. 명확성과 형사처벌의 범위

참고문헌

[Abstract]

키워드

독점금지법 셔먼법 과징금 인플레이션 결합 Antitrust Law Thurman Act penalty surcharge inflation combination