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공정거래법상 부당한 공동행위의 규제와 그 개선방안에 대한 연구 원문보기

  • 저자

    김철진

  • 학위수여기관

    경상대학교 대학원

  • 학위구분

    국내박사

  • 학과

    법학과 사법

  • 지도교수

  • 발행년도

    2014

  • 총페이지

    vii, 113 p.

  • 키워드

    내부통제제도 부당한 공동행위 준법지원제도 자율규제 자율준수프로그램 카르텔;

  • 언어

    kor

  • 원문 URL

    http://www.riss.kr/link?id=T13534246&outLink=K  

  • 초록

    There has been a lot of issues for global companies doing a business in different market. Especially in terms of Korean companies perspective, there are more issues than other western companies due to different cultures and legal system. It will be one of the major points of this study to review current competition laws of advanced countries like U.S.A, European Union and Japan in order to reflect some of the proposals of Compliance Program(Hereinafter "CP") to improve current Korean systems which is controlled under Monopoly Regulation and Fair Trade Act(Hereinafter "Fair Trade Act") and Presidential Decree authorized by Fair Trade Commission( Hereinafter "FTC"). In the study, some points have been reviewed to develop new business model with respect to the newly designed CP to meet the requirements of global standard which is currently suggested by the International Organization for competition like ICN, OECD and others and how to support strengthening the global competitiveness of Korean enterprises through the enhancement of our legal system and leading the global trend of antitrust issues proactive considering current Korean companies operational scale in the global market. When we see current trend of Competition Laws in global, it would be a great opportunity for us to develop a new business model building partnerships between business and academic cooperation systems supplemented by the legislation and early adaptation of new CP endorsed by the government policy. For the purpose of developing the new business model, it requires custom-make types of Standard CP to meet different sorts of industries' needs with training manuals in advance by the participants of new project. Enhancing current CP, it is also important to set up the education system for the enterprise to provide incentive program in case of penalty or surcharge imposed by regulators with legislation like U.S. Sentencing Guidelines for Organizations. It will be one of the good reasons for the enterprise to have CP as its internal control process within Enterprise Risk Management due to operational issues and Corporate Social Responsibility perspective. We have heard that some of Korean enterprises are doing unjust concerted practices due to unawareness of the local competition laws while they are operating overseas business even though there have been lots of education program provided by the FTC and other authorities since its foundation. There must be some reasons our current CP does not working well even though FTC has been making a lot of efforts for promotion of CP. At the stage of making program and internal training session, we propose to change current CP frame in order to make it more competitive and effective system to prevent and detect criminal conduct of the organization through more proactive involvement of private sectors in competition. FTC should have higher authority for supervising the private sectors at the basic stage of CP. In the paper, there are some proposals to improve current CP system and encourage enterprises to have CP manuals and training programs based on enterprises' perspective. It is necessary to provide some kinds of incentive program to make more enterprises keep this sorts of new CP not only for legal perspective but also in terms of operational issues including cost saving. For example, by the legislation of the CP, bidders to participate some higher amounts of bidding held by government or local government have to provide the certificate of CP which is issued by the 3rd party who has been accredited by the FTC. It can be a good way to implement CP effectively and support small and medium-sized enterprises getting the advantage of bidding when they submit the certificate of CP. At the same time, if FTC requires Korean manufactures to demand their overseas suppliers to have Korean CP certificate by administrative guidance, it will be one of the most important steps moving forward global standardization of Korean CP. Currently enterprises try to meet many requirements by public in terms of compliance related issues rather than focus on generating profit for their sustainable growth. In this regards, it is important to make a legislation on the corrective actions which means enterprises should make training session better when FTC and court impose surcharge to them. In the paper, there are some proposals to the concerned parties of competition laws including FTC, law firms and schools. Those have to cooperate to attain their same targets, preventing and detecting the criminal conduct. By legalizing CP, let people firmly believe that enterprises may achieve their sustainable growth by training and educating the employee.


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