Korea And China Cartel Regulation Of A Comparative Study

The operators who supply the same products or services do the action that controls the price, terms and conditions, and production of goods or services through mutual agreement among them to maximize their profits. It is called cartel and prohibited by every country's antimonopoly law. The basic purpose of this cartel is to eliminate or limit the competition ignoring the market function which destroys effective market competition and disturbs the effective distribution of resources and as the result, it brings a lot of bad impact on the whole society. Therefore, the cartel is the"the first public enemy"of the market economy and should be eradicated. The each country's competitors understand it as the worst behavior and when they set the antimonopoly policy, the cartel regulation is regarded as the foremost task.In this point of view, the author suggests his opinion on China which is about to start the Antimonopoly Law reflected on the differences between Korea and China and the problems that appear when we practice mentioning about the present condition, attitude, and theoretical basis of the cartel regulation law.This thesis is consisted all 4 chapters.Chapter 1 mentions about the general theory like the concept, characteristic, and dangers of the cartel. In addition, it introduces the attitude of the major western countries, international organizations, China and Korea on the cartel regulation centering.Chapter 2 introduces the presuming legal system which is one of the unique laws among the Fair Trade Law of Korea and its examples while doing the analysis the essential cartel constitution of China and Korea,especially the proving method for the agreement which is the core element of the cartel.Chapter 3 analysis the scope of application of cartel. Including the exemption system and the other applications which are important. By comparison, we know that the exemption system are different between China and Korea, and it is because of differences between their political and cultural. On the other side, we know that the other applications which are important of China are exactly the same as it is in Korea. It means that China's legislation is under the background of economic globalization, it is as important in China as it is in Korea.Chapter 4 looks at the effect of the cartel regulation. As the regulation of cartel, the Korea adopted administrative and criminal responsibility, but in China only administrative responsibility is provided. And in the system of taking the initiative to declare a fine relief China and Korea are as the same. But in China there is no accolade of the payment system as it is in Korea.In addition, on the view of private law, there are rules of damage compensation system in the law of China and Korea, and as the effect of the agreement, Korea made a clear definition, but in China it needs to be explained by the contract law.At last, as an official who has nearly 30 years experience of the enforce me of the anti-monopoly law in Korea, the author gives some suggestions to us.