독점규제법상 3배손해배상제도 도입의 필요성 = The need of introduction treble damage on Anti - trust law

다국어 초록 (Multilingual Abstract)

Though our Anti-trust law has been applied over 25 years, many people still point out that there are some defects in the content of the law and it needs to be revised or made up for the better effectiveness. One of the means to reach that goal is said that the "stimulation and promotion of the use of personal suits" in the field of anti-trust law. And, the substantial method to promote the use of personal suits is known as the "treble damage" which is generally used as a recovery against the offences to the anti-trust laws in the U.S.<br/>
The treble damage has three main functions for the enforcement of the anti-trust law. First, it becomes possible to sanction the offender to the anti-trust law and to abstrain the other businessmen from doing things in the some nature in the future. Second, as the persons who have suffered damages from the offences can recover far more compensation that the loss which they actually sustained, there is an incentive for them to resort to the treble damage in the pursuit of recovery. As the result, the businessmen should try to keep the regulation of the law and to establish the compliance system. Third, as we can see in the case of some states in the U.S. , the punitive damage sometimes functions as a system to support a social activities. Because in those states, a part of the compensation of punitive damage belongs to the victim of the offences and the other part of it should be apportioned to the state government.The state government use that money as a fund for aiding the people who might be sustained loss from the offences.<br/>
Referring to these functions and merits, the treble damage of the U.S. law is worth being introduced and accepted into our legal system, especially into the field of anti-trust law. But, due to the differences between our legal system and the U.S. legal system regarding to the tort damage, it is not desirable to accept that institution into our private law immediately in general.<br/>
We need somewhat long period to consider the way how we can accept the treble damage into our legal system and in what legal branches the acceptances should happen. But, as now, it seems not there is any difficulties or trouble in acceptances and merge of treble damages into some restricted area of our legal system such as anti-trust law. Furthermore, it is expected that the institution will be able to cause the foresaid functions or desirable effect in respect of the effectiveness of our anti-trust law.<br/>
In reviewing that acceptance, it looks that to make a provision for treble damage respectively about some of the offences to the anti-trust law (i.e. price-fixing, monopoly) is the better way than to make a general provision which is common to all type of offences.

목차 (Table of Contents)

• Ⅰ. 서
  
• Ⅱ. 징벌적 손해배상
  
• Ⅲ. 3배손해배상소송의 절차적 구조
  
• Ⅳ. 원고적격 및 손해의 입증
  
• Ⅴ. 공정거래법상의 도입방안
  
• Ⅵ. 결어
  
• Abstract