경매입찰방해죄와 담합행위의 형법적 규율

• 영문명: Bid rigging and its Regulation by Criminal Law
• 발행기관: 충북대학교 법학연구소
• 저자명: 박강우(Park Kang woo)
• 간행물 정보: 『법학연구』第27卷 第2號, 211~240쪽, 전체 30쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2016.12.30

영문 초록

Despite many regulations of the criminal law and other laws which punish cartels and bid-rigging, the cartels among the corporations is continuing in Korea. Nowadays the big construction companies like Hyundai, Samsung, Daewoo, LG, Daerim etc. have been participating in bid rigging in the many big construction project such Honam bullet train rail construction, 4 major river reshape project besides small companies. Sometimes bid rigging has been conducted to reduce a cutthroat competition, but the structural factors in market aggravates bid rigging and cartels such as the unreasonable bidding system, prison’s dilemma in market. The bid rigging has been conducted very secretly, so it is not easy to detect and to enforcement. Furthermore, the participants of bid rigging disturb the non-participants s business. And there are many side effects such as deterioration of goods and building, decrease of trust to bid fairness, avoidance to improve the competitiveness etc. Therefore, this study aims to detect the cause and patterns of bid rigging and to review the regulations on cartels and bid rigging in many developed countries such as the United States, Germany and Japan. And we reviews many rulings on bid rigging made by Korea Supreme Court, to articulate the problems of those rulings and finally to suggest some remedies to regulate bid rigging and cartels. Finally, I suggest that in regulating the bid-rigging the criminal law is not a suitable measure, because the criminal enforcement agency such as the police, the prosecutor don’t know well cause and patterns of bid-rigging. Also, there are much vagueness and unclearness in criminal clause on the bid-rigging such as the ‘hurting the fairness of bid, auction’. So I suggest that the Anti-trust Law should be the prima-facies in regulating bid-rigging, and the criminal law is the ultima ratio to punish the most harmful bid-rigging which is not insufficient by regulating the Anti-trust Law.

목차

Ⅰ. 서론

Ⅱ. 입찰담합의 발생원인 및 유형

Ⅲ. 경매입찰방해죄에 대한 각국의 입법 현황 및 문제점

Ⅳ. 입찰방해죄에 관한 판례의 분석

Ⅴ. 결론에 대신하여 : 입찰담합규제를 위한 효과적 법정책

참고문헌

Abstract

키워드

경매·입찰방해죄 입찰담합 부당공동행위 독점규제법 공정거래위원회 카르텔 Crime of Bid Rigging Illegal Joint Behaviour Anti-trust Act Free Trade Commission Cartel