집단소송제 및 징벌적 손해배상제도 도입시 증가될 것으로 예상되는 공정거래법 위반행위 억지효과에 관한 실증적 분석An empirical study on the deterrence effects of the class action or punitive damages currently proposed
- Other Titles
- An empirical study on the deterrence effects of the class action or punitive damages currently proposed
- Authors
- 김차동
- Issue Date
- 2014
- Publisher
- 한국경쟁법학회
- Keywords
- 실증연구; 공정거래법 위반행위; 사적집행; 공적집행; 최대집행; 최적집행; 적발가능성; 집단소송; 징벌적 손해배상; empirical study; antitrust violiation; private enforcement; public enforcement; maximum enforcement; optimal enforcement; probability of detection; class action; punitive damages
- Citation
- 경쟁법연구, v.29, pp.359 - 400
- Indexed
- KCI
- Journal Title
- 경쟁법연구
- Volume
- 29
- Start Page
- 359
- End Page
- 400
- URI
- https://scholarworks.bwise.kr/hanyang/handle/2021.sw.hanyang/161025
- ISSN
- 1598-2335
- 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,
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