공정거래법상 신고포상금 제도에 대한 시론적 연구

• 영문명: An Exploratory Study on Reward System for Informant under the Monopoly Regulation and Fair Trade Act (MRFTA) : Focusing on the Cartel Cases
• 발행기관: 한국비교정부학회
• 저자명: 이문성
• 간행물 정보: 『한국비교정부학보』제26권 제4호, 187~214쪽, 전체 28쪽
• 주제분류: 사회과학 > 행정학
• 파일형태: PDF
• 발행일자: 2022.12.31

영문 초록

(Purpose) The reward system for informant under the Monopoly Regulation and Fair Trade Act (i.e., Korean Competition Law) is a program that provides monetary compensation to those who report violations of the MRFTA to the Korean Fair Trade Commission (i.e., KFTC). It seems that academic research from legal perspective has not been conducted actively on the system. The purpose of this study is to develop an introductory discussion on the system from legal perspective, and to encourage the interdisciplinary research on that. (Design/methodology/approach) There are not many cases of introducing the reporting reward program overseas. Therefore, in this paper, most of discussion on the system was conducted based on the domestic law and regulations. Also, there are many other systems in which the reporting reward system is related. Therefore, in this paper, a comparative methodology was mainly used for analysis the relationship between the target system and other systems. (Findings) The relationship between the target system and the leniency program under the MRFTA was discussed. It was analyzed what cases the enterpriser's leniency after the informant's reporting act is allowed. As a result, it was concluded that there are few cases where the benefits of the two systems are applied in the same case. And the relationship between the target system and the compensation system under the Public Interest Whistleblower Protection Act was discussed. The criteria for calculating rewards under the acts were compared in detail. Through this analysis, it was discussed in which cases the compensation under the Public Interest Whistleblower Protection Act could be paid in addition to the reporting reward under the MRFTA. (Research implications or Originality) It was emphasized that this system should be implemented in consideration of the General Act on Public Administration and the practical issues of administrative litigation. Also, it was emphasized that additional empirical research is required on how to redesign the relationship between the target system and the whistleblower system in the future. Lastly, the study suggested some legislative measures for improving the budget provision for the system.

목차

I. 들어가며

II. 공정거래법상 신고포상금 제도의 연혁 및 운영 현황

III. 공정거래법상 신고포상금 제도의 주요 내용

IV. 공정거래법상 신고포상금 제도와 행정기본법 간의 관계

V. 공정거래법상 신고포상금 제도와 자진신고 제도 간의 관계

VI. 공정거래법상 신고포상금 제도와 공익신고자 보호법상 보상금 제도 간의 관계

VII. 나가며

References

키워드

신고포상금제도 부당한 공동행위 행정기본법 공익신고자 보호법 내부고발자 자진신고 reward system for informant cartel General Act on Public Administration Public Interest Whistleblower Protection Act whistleblower leniency program