산업규제와 경쟁법의 관계에 관한 연구

Abstract

Deregulation which has become vivid since late 1970's presented the issue of the relationship between industry regulation and competition law in many countries including Korea. Industry regulation and competition law have different origins and policy approaches from those of each other. However, they show recent tendency to converge with each other, which has made it difficult to distinguish between the two clearly. Now, the main issue became the relationship between the sector-specific regulators and competition authorities. Many pieces of current industry regulatory legislation show no clear understanding of their implication on competition law and policies. Also, the exemption provisions on the Korea Monopoly Regulation Act have some deficiencies and vagueness which may cause serious problems in enforcing the relevant regulation and competition law provisions. From the research on the current relationship between the sector-specific industry regulation and general competition law, it is suggested that the sector-specific industry regulation should be reviewed regularly and if needed, repealed or amended so as to be more competition policy oriented. Also, the exemption provisions on the Korea Monopoly Regulation Act should be revisited and amended for accommodating recent changes in former regulated market and relevant technologies.