공정거래법상 사익편취 규제의 정체성 탐색에 관한 연구

초록

The Study on the Identity of the Regulation of Undue Benefits to Related Parties in Korean Competition Law The Regulation of Undue Benefits to Related Parties in Korean Competition Law(“Undue Benefits Regulation”) was introduced as a part of so-called “economic democratization.” in 2013. The regulation began to be discussed as one of various means to address the difficulties of proving the likeliness to hinder fair trade in cases involving natural persons in the Unfair Assistance Practices. In the process of legislation, the scope of the Undue Benefits Regulation was widened to include companies as well as natural persons and the illegality requirement, ‘Undue’, was added. The problem is that the Unfair Assistance Practices and the Undue Benefits Regulation are substantially overlapped. Now questions are being asked regarding the identity of the Undue Benefits Regulation. It is not clear how the regulations are differentiated. We need to reestablish the identity of the Undue Benefits Regulation by differentiating it from the Unfair Assistance Practices. As a legislative perspective, the Undue Benefits Regulation needs to narrow the scope of application and target at the natural persons. Companies as the object of the regulations can be covered by the Unfair Assistance Practices. Instead, the requirement of illegality, ‘Undue’, need to be eliminated. At the same time, safe harbor requirements need to amended.

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