46 0

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

Title
집단소송제 및 징벌적 손해배상제도 도입시 증가될 것으로 예상되는 공정거래법 위반행위 억지효과에 관한 실증적 분석
Other Titles
An empirical study on the deterrence effects of the class action or punitive damages currently proposed
Author
김차동
Keywords
실증연구; 공정거래법위반행위; 사적집행; 공적집행; 최대집행; 최적집행; 적발가능성; 집단소송; 징벌적손해배상; empirical study; antitrust violiation; private enforcemen; public enforcement; maximum enforcement; optimal enforcement; probability of detection; class action; punitive damages
Issue Date
2014-05
Publisher
한국경제법학회
Citation
경쟁법연구, 2014, 29, pp.359 - 400
Abstract
Under the Korean antitrust jurisdiction, the administrative fine by the Korean Fair Trade Commission(hereinafter, “KFTC”) has played a major role on deterring the violations of antitrust laws. But, the average amount of fine was imposed as a very lower level as 1.4% of the affected commerce. It is estimated not to have a sufficient deterrence effect. Except for this fine, there are two more other sanctions such as criminal fines and damages, which have no sufficient deterrence effects at all. To reform the structure of Korean antitrust enforcement against the antitrust violations, two tracks may be offered. Firstly, some insist on raising the amount of administrative fine. Secondly, others insist on the introduction of class action and/or punitive damages systems. After reviewing all the strength and drawbacks of two way reforms, I can say that there is no royal way to get rid of all prospected drawbacks, and only ‘second best solution’ may be offered. Under the reform, enforcement costs.
URI
http://kiss.kstudy.com/thesis/thesis-view.asp?key=3251956http://hdl.handle.net/20.500.11754/46201
ISSN
1598-2335
Appears in Collections:
SCHOOL OF LAW[S](법학전문대학원) > Hanyang University Law School(법학전문대학원) > Articles
Files in This Item:
There are no files associated with this item.
Export
RIS (EndNote)
XLS (Excel)
XML


qrcode

Items in DSpace are protected by copyright, with all rights reserved, unless otherwise indicated.

BROWSE