韩国《垄断规制法》对滥用市场支配地位经营者的规制

Prohibition of Abuse of Market-Dominant Undertakings under the Monopoly Regulation and Fair Trade Act

韩国《垄断规制法》对具有市场支配地位经营者滥用其支配地位的行为,重点规定了滥用市场支配地位行为在法教义学上的概念与分类。然而,《垄断规制法》却没能有效应对具有市场支配地位的经营者的各种类型的滥用行为。造成这种情况的主要原因,在一定程度上是由于公平交易委员会与理论工作者都未能对滥用的本质提出一个充分的解释。基于此,本文试图从韩国社会政治与经济环境的逐步演化中,厘清滥用概念的内涵及其适用,以期揭示出滥用概念的本土化特征。

This article discusses the basic issues in the prohibition of abuse of market dominant undertakings in Korea with emphasis on the dogmatic definition and systematic of abuse.In the process of rapid development of the Korean economy,the concentration of large scale industries has been increased. Through recent changes in market opening and deregulation,the pressure of market competition is becoming fierce.Simultaneously,the risk that market dominant undertakings try to hinder,foreclose or exclude actual or potential competitors grows.However,the Monopoly Regulation and Fair Trade Act has not effectively responded to various types of abuse committed by market domi- nant undertakings.The main cause of this situation appears to be that the Korea Fair Trade Commission and commentators have failed to provide sufficient explanations about the nature of abuse.This article tries to make clear how to understand,interpret and apply the abuse concept that has evolved in the social and political context of Korea.This approach is expected to reveal some interpretative characteristics of abuse.