課徵金制度에 관한 一考察

Abstract

The introduction of surcharges system in Korea was included in Monopoly Regulation and Fair Trade Act established in 1980. This surcharge system has been influenced by the Japanese counterpart, which imposed on the cartel for the rise in price of the entrepreneurs. However, we have expanded and adopted variously in individual laws not only the subjects of the levy on surcharges through the reform of MRFTA since 1980s, but also the surcharges system itself. In this aspect, there have been many discussions in regards of the surcharges system. This study defines the legal characteristics of the surcharges system and discusses the presence of violation for the constitutional doctrine of double jeopardy taking place due to the levy on fines and administrative penalty or parallel levy on administrative penalty.(주제어) 과징금, 독점금지, 불공정거래, 이중처벌금지, 행정강제, 경제규제