지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
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Article 23-2(Prohibition on Undue Support Practices to Specially RelatedPersons) was adopted in the Monopoly Regulation and Fair TradeAct(hereafter, ‘the MRFT Act’) on Aug, 13, 2013. Therefore, there are theregulation on Undue Support Practices in Item 7, Clause (1), Article 23 andthe regulation on Undue Support Practices to Specially Related Persons at thesame time.
First, it is necessary to establish the relationship of both the regulations. Theregulatory purpose of Item 7, Clause (1), Article 23 of the MRFT Act is toprohibit ‘Undue Support Practices characterized by the feature of the UnfairBusinesses’, but that of Article 23-2 of the Act is to prohibit ‘the pursuit ofthe personal interests of the large enterprise groups.’ The Articles aredifferent from each other in the purposes of regulation. Therefore, Article23-2 is not the special law of Article 23, but the former has ‘a parallelrelationship’ to the latter with the different dimension’s regulations.
Secondly, it is necessary to consider a yardstick to determine illegality of thepractices in Article 23-2. The different specific yardsticks were applied foreach practice in Article 23-2, but I think the core illegality of the practices isin ‘the pursuit of the personal interests in the large enterprise groups
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