公正去來法上의 課徵金

• 영문명: Surcharge on Law of Monopoly Regulation and Fair Trade - This study focused on the legal characteristics of the standards of the levy on surcharges -
• 발행기관: 경희법학연구소
• 저자명: 정관선(Jung, Kwan-Seon)
• 간행물 정보: 『경희법학』제40권 제2호, 359~384쪽, 전체 26쪽
• 주제분류: 법학 > 민법
• 파일형태: PDF
• 발행일자: 2005.12.30

영문 초록

The introduction of surcharges system in Korea was included in Monopoly Regulation and Fair Trade Act, the Korean Antitrust Law which was established in 1980. This surcharge system has been influenced by the Japanese counterpart, which has been imposed on the cartel for a price advance of the entrepreneurs. And we have expanded and adopted variously in individual laws not only the subjects of the levy on surcharges through the several amendments of MRFTA(Monopoly Regulation and Fair Trade Act) since 1980s, but also the surcharges system itself. So there have been many discussions in regard of the surcharges system. This thesis tries to look over the legal characteristics of the surcharges system and analyze the standards of the levy on surcharges. The standards of the levy on surcharges have two patterns. One is Rechtsverordnung and the other is Verwaltungsvorschrift. The standards of the levy on surcharges in a Rechtsverordnung form carry public binding force. And in case of the standards of the levy on surcharges in a Verwaltungsvorschrift form, there are two points at issue - the legal characteristics and the public binding force. Fisrt, arguments have been done on the existence of the Verwaltungsvorschrift completing laws. On the basis of these arguments, this thesis acknowledges that the detailed indexes of FTC(Fair Trade Commission), which are based on the mandate of MRFTA(Monopoly Regulation and Fair Trade Act) and make concrete standards of the Act, against the standards of the offenses of fair trade carry the public binding force. And chapter Ⅴ raises several points at issue and looks for effectiveness of amendment proposals about an advisable form of legislation of the standards of the levy on surcharges on the basis of the above analyses. In conclusion, this thesis proposes that in establishing the standards of imposing the surcharges, aggravating or reducing regulations be made in response to the intent that imposition of surcharges is provided as discretion and the standards of those regulations be prescribed.

목차

Ⅰ. 序 論

Ⅱ. 公正去來法上의 課徵金賦課基準 實態

Ⅲ. 公正去來法上의 課徵金의 法的 性質

Ⅳ. 課徵金 賦課基準의 法的 性質 및 拘束力

Ⅴ. 課徵金 賦課基準의 問題點 및 改善方案

Ⅵ. 結 論

키워드

과징금 독점규제 및 공정거래에 관한 법률 과징금 부과기준 재량준칙 법규명령형식의 재량준칙