독립규제기관의 사건처리절차의 개선방안 = 미국 FTC의 사건처리절차를 중심으로

다국어 초록 (Multilingual Abstract)

Independent regulatory agencies have the following characteristics; quasi-judicial procedures, independence and commission system. The U.S. Federal Trade Commission(FTC) is one of the representative independent regulatory agencies enforcing antitrust laws in the United States.
The FTC is composed of five Commissioners, who are appointed by the President, by and with the advice and consent of the Senate. Not more than three of the Commissioners shall be members of the same political party. The first Commissioners hold their positions for terms of three, four, five, six and seven years and their successors hold their positions for terms of seven years. The FTC has staffs to investigate cases and analyse legal and economic issues, many of whom have lawyer certificates or economic doctorate degrees.
The FTC has been criticised for the combination of the prosecutorial function and judicial function because it can hinder fairness. There have been pros and cons from various grounds. The U.S. Supreme Court ruled that the combination is not against the due process in the Constitution because the FTC was established for accumulating expertises in the course of investigating the industries and deciding cases.
The FTC investigates cases only for public goods, not for private interests. The investigation is divided into two phases; Initial Phase Investigation and Full Phase Investigation. Initial Phase Investigation is based on voluntary cooperation of corporations. However, during Full Phase Investigation, compulsory measurements can be used such as like subpoena or Civil Investigative Demand(CID). The adjudicative hearings are held by Administrative Law Judge(ALJ), who is independent from the FTC and makes initial decision. The procedures are much similar to the U.S federal civil judicial procedure. The Commission can review the case by the protests from respondents or FTC attorneys or ex officio.
In this article, the ways for improvement of matter processing procedures in independent regulatory agencies in South Korea are explored centered on the Korea Fair Trade Commission, the counterpart of United States Federal Trade Commission.
Firstly, we need to complement and strengthen quasi-judicial procedures for the respondents. Secondly, the efficiency of the agencies has to be enhanced. Thirdly, settlement like consent order in the U.S. FTC needs to be considered for introduction. Fourthly, independence of independent regulatory agencies and the Commissioners has to be strengthened. Finally, private actions have to be activated more.

목차 (Table of Contents)

• Ⅰ. 서언
• Ⅱ. 독립규제기관의 특성
• Ⅲ. 미국 연방거래위원회(FTC)의 조직
• Ⅳ. 미국 연방거래위원회의 사건처리절차
• Ⅴ. 우리나라 독립규제기관의 사건처리절차의 문제점과 개선방안: 공정거래위원회를 중심으로
• [ABSTRACT]