수직적거래 규제의 개선방안

• 영문명: The Study on the Improvement in Regulation of Vertical Trade
• 발행기관: 중앙대학교 법학연구원
• 저자명: 강선희(Kang Sun Hee) 조성국(Cho Sung Kuk)
• 간행물 정보: 『법학논문집』法學論文集 第41輯 第3號, 149~174쪽, 전체 26쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2017.12.30

영문 초록

In a contract, the situation cannot be avoided where the power balance between parties cannot be maintained, where coercion from one party is ongoing and where the other party suffers from the burden of maintaining lock-in facilities and retrieving investment money, which makes it easier for one party to use weapons like cancelation of the contract or refusal to renewal of the contract and to offer the other party with disadvantageous terms and conditions for the contract. These abusive powers from one party put on the other party bring severe harms to economic situation of Korea where monopoly and oligopoly rules. KFTC has struggled to cure the unfairness in vertical trade including abusing of trade position, which, as a matter of fact, has been not enough. To eliminate the harm of vertical transactions, the problem of regulation related to vertical trade should be improved. In the Korea Fair Trade Act, the vertical restraints can be classified into competition restrictiveness-type vertical restraints and the abusing of position-type vertical restraints. competition restrictiveness-type vertical restraints are divided into inter-brand competition and intra-brand competition. Abusing of position-type vertical restraints refer to abusing of the position in trade, which judges the illegality based on the unfairness of the transaction content, not on the competition restrictions. In order to bring fairness to vertical trade, it is necessary to bring the viewpoint from form-based judgement to effect-based judgement of the act, looking closely into nature of the act in order to assess illegality. Furthermore, in these days when intervention of administration is inevitable while civil suits do not always work for fairness, the administration need to move from stance merely imposing penalty and issuing correction order to the stance providing the very remedies victims want for the injuries.

목차

Ⅰ. 서언

Ⅱ. 수직적거래의 행위유형과 규제실태

Ⅲ. 수직적거래 규제에 관한 비교법적 검토

Ⅳ. 우리나라 수직적거래 규제의 개선방안

Ⅴ. 결어

참고문헌

Abstract

키워드

수직적거래제한 브랜드내경쟁 브랜드간경쟁 거래상지위남용행위 위법성판단기준 vertical restriction inter-brand competition intra-brand competition abusing of trade position assessment on illegality of the Act