市場歪曲行爲로부터의 消費者 保護

• 영문명: The Liabilities for Tort on Consumer Welfare
• 발행기관: 한국민사법학회
• 저자명: 윤태영(Tae-Young Yoon)
• 간행물 정보: 『민사법학』제40호, 97~122쪽, 전체 26쪽
• 주제분류: 사회과학 > 사회과학일반
• 파일형태: PDF
• 발행일자: 2008.03.31

영문 초록

The issue on liabilities by infringing consumers welfare on tort law has important meaning in capitalism. So anti-competitive practice has been regulated by application of special statutes, such as antitrust law. But, these special statutes are insufficient to cover all the matters of anti-competitive practice. Rather, competitive injury should be fallen under the control of civil law. This study attempts to solve the problem on the liabilities on tort law, in particular, measuring the damages of consumers. It is hard work that calculating the consumer damages by unfair competition. To solve that problem, courts have usually depended on “yardstick or “before-and-after method. The yardstick method calculates damages by comparing the price plaintiff paid to the prevailing price in some different but similar market in which anti-competitive practice at issue is not occurring. The before-and-after method compares the plaintiff s price to those prevailing in the same market prior to and subsequent to the violation period. On the other hand, there is another tremendous difficulty in determining accurately indirect purchasers damages. The direct purchaser, however, may collect the entire amount of any overcharges, even if he/she has passed on some of the overcharges to downstream, so the indirect purchasers are required to prove the proportion of an overcharge passed on to them. This study suggests that some notes including Hovenkamp s insistence should be considered importantly in Korean civil law.

목차

Ⅰ. 머리말

Ⅱ. 불법행위법상 보호대상으로서의 소비자

Ⅲ. 시장왜곡행위에 대한 위법성 판단

Ⅳ. 소비자 피해에 대한 손해배상책임

Ⅴ. 맺음말

참고문헌

키워드

경쟁질서 위반행위 시장왜곡행위 불법행위책임 간접적 구매자 목표범위이론 손해전가이론 초과지급 위법성 표준비교방법 전후비교방법 competitive injury anti-competitive practice tort liabilities indirect purchasers target area pass-on theories overcharge illegality yardstick methods before-and-after methods