일본 석유생산조정 및 석유가격 카르텔 판결에 관한 연구 - 판결의 시대적 상황과 시사점을 중심으로 -

초록

This paper analyzes the circumstances and ruling of the case regarding the oil price agreement between business operators and the production adjustment by trade association during the Japanese oil crisis in the 1970s, and examines the meaning of this ruling and its impact on the interpretation and enforcement of the Monopoly Regulation and Fair Trade Act(MRFTA) of Korea and its implications. This ruling ruled that even if substantial anticompetitive effect of an agreement is recognized, illegality may not be recognized in exceptional cases where it does not violate the ultimate purpose of the law. Of course, this case was not considered to be one of those exceptional cases. The legal interpretation of administrative guidance also affected the enforcement of the MRFTA. In criminal lawsuits related to the production adjustment of trade association, the defendants were found not guilty on the grounds that there was no possibility of recognizing illegality. In the damages lawsuit, the validity of comparing the previous price with the current price was disputed in relation to the calculation of the amount of damages. This ruling is significant in terms of the law enforcement system. Japan adopted the American-style enforcement system with some modifications under the Allied Forces occupation. As a public enforcement, the Fair Trade Commission issues an prohibition order, and if this is insufficient, criminal punishment is imposed through criminal indictment. The case became an opportunity to experience serious limitations not only in civil damages but also in law enforcement through criminal indictment. In the end, while the lawsuit for this case was in progress, the surcharge system was introduced, and this had a major influence on enforcement system of MRFTA.

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