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초록

영어

According to close connections in the fields of economics, trading, investments and so on between Korea and China, the study on the Anti-monopoly law of China would be much helpful to understand this country.
After 1990, China entered into market economy from industry economy by the success of reform and opening up policy. China already established “Anti-unfair Competition Law” for the introduction of market competition system, but, there was still lots of non-competition factor among various industry field. So it was a pending issue that how to strengthen an enterprise’s competitiveness by the introduction of open competition free from government regulation and protection policy. Then the necessity of avoiding side effect of government’s growth preference policy, establishing a new economic order by revitalization of market function, and reinforcing
nongovernmental-initiated economic management and enterprise’s responsible management was recognized. So, finally “Anti-monopoly law” is established in the August this year by Standing committee of National People’s Congress to free from government restriction and keep pace with world trend.
This thesis is constructed all by four chapters. Chapter 1 to chapter 3 is mainly explaining current Anti-monopoly law of China and some drafts discussed before, chapter 4 is proposal to the draft of Chinese Competition Law.
In chapter 1, it is analyzing the trend of competition law of China by comparing each laws and acts relating anti-monopoly law and pointed out the main argument and several different points of view for the “Anti-monopoly Law,” and some arguments into the relations between
antimonopoly law and anti-unfair competition law.
Chapter 2 is mainly about the theory of competition restriction contract, mainly describing the attribute of cartel, and comparing the necessity of the restriction of competition, and the standard of the restriction of merger, in order to pass judgment on the introduction of competition restriction contract, and the injustice of the collaboration. And it stated the application of reasonable rules and more as the explanation of the practicality restriction systems. Also, it analyzed private lawsuit and leniency policy as punishment and penalty. And pointed about some rules of the relating on the abuse of dominance. After then about the merger of enterprises, discussing the
restriction of competition in company merger, and defining related market. It’s also analyzing market state, potential competition, possibilities of hard core cartel among competitors, and alternative supply in horizon merger. Finally, it stated the screening standard of merger, and the opinion on the relationship between competition policy and industry policy. And mainly about
administrative monopoly acts especially important problems in China, and extraterritorial application of antimonopoly law which would have many impacts on the play of Korean companies in Chinese market.
Chapter 3 is about the antimonopoly law enforcement agency and its execution. Firstly pointed out the need for a strong enforcement agency, and theoretical analysis of damage claim policy, prohibition of damage claim policy, and then, stated the solution to the problems on the background, basis, and current status of fine imposition policy. And it analyzed the problems of current law system, the purpose and the adequacy of legislation of exclusive prosecution system in China.
In chapter 4 I proposed some personal recommendations and hopes on the establishment and execution of anti-monopoly law in China to put forward progress.

목차

Ⅰ. 중국 반독점법 개괄
  1. 머리말
  2. 중국 반독점법의 형성
 Ⅱ. 중국 반독점법의 주요 내용 및 논점
  1. 반독점법 구성체계 및 총칙
  2. 부당 공동행위
  3. 시장지배적 지위의 남용
  4. 기업결합
  5. 반독점법 적용 예외
  6. 행정 독점 문제
 Ⅲ. 반독점법 집행기구 및 그 집행
  1. 반독점법 집행기구
  2. 집행
  3. 법률 책임
 Ⅳ. 맺음말
  1. 중국 반독점법의 특징 요약
  2. 중국 반독점법에 대한 약간의 제언
 ≪ 참고문헌 ≫
 Abstract

저자

• 최창익 [ Changik Choi | SK(주) 부장, SK 기술원, 중국사회과학원 경쟁법 박사 ]

참고문헌