집단소송제 및 징벌적 손해배상제도 도입시 증가될 것으로 예상되는 공정거래법 위반행위 억지효과에 관한 실증적 분석

Abstract

Under the Korean antitrust jurisdiction, the administrative fine by the KoreanFair Trade Commission(hereinafter, “KFTC”) has played a major role ondeterring the violations of antitrust laws. But, the average amount of fine wasimposed as a very lower level as 1.4% of the affected commerce. It isestimated not to have a sufficient deterrence effect. Except for this fine, thereare two more other sanctions such as criminal fines and damages, which haveno sufficient deterrence effects at all. To reform the structure of Korean antitrust enforcement against the antitrustviolations, two tracks may be offered. Firstly, some insist on raising theamount of administrative fine. Secondly, others insist on the introduction ofclass action and/or punitive damages systems. After reviewing all thestrength and drawbacks of two way reforms, I can say that there is no royalway to get rid of all prospected drawbacks, and only ‘second best solution’may be offered. Under the reform, enforcement costs,