공정거래법 집행자로서의 공정거래위원회의 역할과 과제 -행정입법에 대한 검토를 소재로- = Roles and Tasks of the Korea Fair Trade Commission as an Enforcer: with Administrative Legislation as a Material for Discussion

다국어 초록 (Multilingual Abstract)

The Korea Fair Trade Commission (KFTC) has increasingly adopted administrative legislation in the form of administrative rules such as notifications and guidelines. As those soft law instruments appear unavoidable to respond to the normative demand stemming from the nature of the provisions stipulated in the Monopoly Regulation and Fair Trade Act (MRFTA), management and control of the KFTC`s discretion in enforcing the MRFTA is also emerging as an important legal matter. This article aims to evaluate roles of the KFTC as an enforcer and suggest the tasks requiring improvement with administrative legislation as a material for discussion. To the extent that is necessary to pursue that purpose, this article carries out the analytical research on administrative legislation related to the requirement provisions and legal effect provisions, among other things. Against this background, this article first deals with the types, functions and effects of the administrative legislation by the KFTC (II). The next two parts offer the review and assessment of some guidelines (III, IV). They are divided into those relating to the illegality requirements for violations of the MRFTA such as abusive acts of dominance, anti-competitive M&As, cartels and unfair trade practices and those relating to the legal effects of violations such as administrative measure imposing fine. The closing remark suggests a few tasks to be improved in relation to administrative legislation ensuring the KFTC to perform the roles as an enforcer in a more norm-compatible and effective way (V).