ScholarWorks@숙명여자대학교

초록

The revitalization of fair trade CP (hereinafter “CP”) may bring about huge benefits to the state and society, which are constantly increasing. Thus the government needs to put in its own resources to revitalize CP, rather than leaving it entirely to individual firms. The government may facilitate the introduction and operation of CP by individual firms in three ways: (i) it could increase the cost of law violations by bolstering santions and enforcement of law; (ii) it could increase the benefits from law abidance by strengthening CP incentives; and (iii) it could diminish the cost of law abidance with various measures to support CP. In that sense, the recent amendment of the Monopoly Regulation and Fair Trade Act(MRFTA), which introduced the provisions on CP, CP evaluation and support for CP, was a breakthrough which paved the way to the revitalization of CP. However, in order for the amendment to accomplish its intended goal, further reform of CP evaluation is required to strengthen the basis for CP revitalization. This article proposes to introduce two-track CP evaluation to achieve conflicting goals as follows. First, strong CP incentives can be provided on the basis of ex post, qualitative evaluation of CP by an independent committee. Second, the proliferation of CP can be promoted through minimal ex ante evaluation of CP, upon which minimal incentives can be provided. It should be noted here that the two-track approach is proposed as a mid to long term improvement plan of CP evaluation, as it entails additional amendments of the MRFTA and a drastic change from current practices.

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