일본 독점금지법의 변화

• 영문명: The Change of Antitrust Law of Japan - Focus on revised bill of Antitrust Law of Japan
• 발행기관: 중앙대학교 법학연구원
• 저자명: 김경석(Kim, Gyung-Seok)
• 간행물 정보: 『법학논문집』法學論文集 第35輯 第3號, 159~174쪽, 전체 16쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2011.12.31

영문 초록

According to the 53th article of Monopoly Regulation and Fair Trade Act of Korea, they can raise an objection to a disposition by Fair Trade Commission within 30 days from the day they are given the notice of a disposition, when they have a cause of objection. In other words, FTC takes charge of raising of an objection again that has been disposed first by FTC. In the case that they disagree with the second disposition of FTC, the affair is transferred to the exclusive jurisdiction of Seoul High Court. Therefore, a fair trade case is treated by not the third trial system. There has been a continuous criticism that the fairness cannot be guaranteed in this system. However, Japanese Antitrust Law, which Korean Monopoly Regulation and Fair Trade Act was modeled on, abolished the Claim System which corresponds to raising of an objection of Korea, And a revised bill, in which a fair trade case is handled base on the third trial system, was brought as a government legislation to the House of Representatives of Japan. This reflects that Japanese government accepts the opinions of the business community that has insisted that a case of fair trade should have a chance of the third trial system. Thus, in Korea, raising of an objection system should be abolished and replaced by a new system bases on the third trial System that can give two chances of fact-finding proceedings to protect people’ s right. By this, a case of fair trade should be handled more fairly and transparently.

목차

Ⅰ. 서론

Ⅱ. 일본 독점금지법상 심판제도의 변천과 현재

Ⅲ. 일본의 독점금지법 개정안의 주요내용

Ⅳ. 우리에게 시사하는 점

Ⅴ. 결론

참고문헌

[Abstract]

키워드

이의신청 심판제도 판단의 중립성 판단의 공정성 공정거래사건 Raising of an objection Case of fair trade Claim System neutrality of Judgement fairness of Judgement