경쟁정책과 소비자정책의 상승작용 촉진방안

Abstract

Recent reform of the consumer law in Korea allowed the Korea Fair Trade Commission (KFTC) to take the lead in implementing both the consumer law and the competition law. However, there still exist a variety of consumer legislations that are implemented by various government agencies other than KFTC, and there is a long way to go to maximize the synergy between the consumer law and the competition law. Further the recent development concerning the FTAs between Korea and the US and the EU demands more close interface between those two areas of law. Thus this article presents measures to implement and reform the two areas of law in such a way that could maximize the synergy between them. The consumer law and the competition law share a common goal of maximizing consumer welfare, however, they apply different methodology in obtaining that goal: the former approaches the issue from the supply side of the market, while the latter from its demand side. They also apply different policy measures, and are regarded as being in a complementary relationship. But they sometimes reveal conflicts with each other. Therefore a more harmonious implementation of the two areas of law is crucial in maximizing the synergy between them. First, we should focus more on conducts that harm consumer interest in implementing the competition law. Second, the KFTC should assist consumers and the courts in antitrust damage suits. Third, class action, parens patriae suit, consent decree and injunction suit should be introduced to guarantee substantial remedy of consumer damages. Fourth, the unfair trade practices should be regulated under the consumer law by the KFTC. Fifth, the ties between the consumer authority and the competition authority should be strengthened and the consumer organizations should play a more active role in implementing the competition law as well as the consumer law.