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우리나라 공정거래제도의 발전방향(The direction for development of fair trade system in Korea)

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Title 우리나라 공정거래제도의 발전방향(The direction for development of fair trade system in Korea)
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Material Type Reports
Author(Korean)

최종수

Publisher

[서울]:한국개발연구원

Date 1993
Series Title; No 정책연구시리즈 / 93-01
Pages 76
Subject Country South Korea(Asia and Pacific)
Language Korean
File Type Documents
Original Format pdf
Subject Economy < Trade
Holding KDI; KDI School

Abstract

This study examines the current status of Korea’s fair trade system by comparing the fair trade system in Korea with those in other countries, and makes suggestions towards its development.

In the past, strong-arm enforcement and strict regulations have been implemented to in trying to provide tying products, and unfair trade practices that have been prevalent until recently. Therefore, the fair trade system was implemented in the 1980s to help develop the economy through a free and fair market and it has been expanded as related regulations have been eased and awareness has been raised. The fair trade system focuses on market development and the economy. To establish and expand fair trade system, it is important to widen favorable public opinion across society.

Among examples found abroad, the U.S. enjoys the most developed fair trade system in the world. The fair trade system of the U.S. was built in 1890 and the nation was able to establish and develop institutions based on its rational principles. And another example is Japan, where the fair trade system of the U.S. was introduced after 1947. Unlike the U.S., Japan managed their system with strict regulations, but it has relaxed its control through a series of legislation after experiencing the first oil crisis in 1971.

The fair trade system in Korea mainly focuses specifically on clarifying the meaning of higher law, to ensure basic laws for fairness are well executed. On the other hand, the U.S. system, based on common law, has many laws related to fair trade and both legal organizations and the Federal Trade Commission have overlapping jurisdictions in many cases, so each organization has its own liaison officers to adjust to situations in advance. In Japan, a country of written law, when a case related to fair trade is being dealt with, verifying provisions can expedite the process.

The fair trade system in Korea that provides the framework for a market economy is still nascent based on the short history of the market economy led by the private sector. The fair trade system needs to be developed to the same degree as the rapidly-developing market economy. It is necessary to establish a position toward competition policy, while considering the trends of industrial policy and the security of a fair trade system, by improving policy for administrative measures that limit competition. In addition, enhancing professionalism and fairness by improving the three-layered procedure is also necessary for the development of a fair trade system. In addition, Korea’s fair trade system will develop only when economic analysis is introduced and utilized towards establishing competition policy, legal experts involved in the fair trade system are employed, and the necessary laws are ratified.