시장지배적 지위 남용행위에 대한 과징금 산정기준

초록

This article examines the standard for computing administrative fines to be imposed on the abuse of market-dominant position under the Competition law of Korea. The issue is relatively less discussed compared with the issue of the standard for computing administrative fines regarding cartel, which leaves much room for development. Generally, the standard for computing administrative fines is characterized by the notion of the basic administrative fine, which is used to determine and adjust administrative fines. In determining the basic administrative fine, the current system employs the relevant turnover-based method which consists of three main elements; relevant goods or services, duration and turnover. Among those three elements, relevant goods or services are statutorily defined as goods or services which are affected directly or indirectly by the violation. The most controversial problem in determining the scope of the relevant goods or services is how to understand and define the meaning of the relevance. In principle, the essence of the relevance lies in affected goods or services, which are distinct from and inclusive of the targeted goods or services. After the relevant turnover is determined based on the scope of the relevant goods or services, it is then multiplied with the imposition standard rate set by the seriousness of the violation. The standard for computing administrative fines regarding abuse of market-dominant position basically follows the general rule, requiring to develop a specific method in terms of the features of the various types of abuse of market-dominant position. The practical issues arise from such cases to which specific provisions categorized as exclusionary abuses are applied. In this regard, this article analyzes the recent judgment of the Seoul High Court which contains the detailed reasoning on whether the method adopted by the Korea Fair Trade Commission in computing administrative fines regarding abuse of market-dominance is acceptable.

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