경쟁법상 사전청문절차에 관한 고찰

A Study on the Prehearing Procedures under Competition Law

The modern state is referred to as the welfare state or the administrative state. The welfare state promotes public interests and welfare of the people. The administration under the welfare state has become more proficient and more technical, which has caused the expension and strengthening of the administrative function. The modern administration has enlarged, but the reinforcement of administrative power is prone to infringe fundamental human right. So the modern administrative law has problem how to balance the both goals the strengthening of the administrative power and the protection of the human right. This article focused on the hearing procedure of US and Korea. The hearing procedure originated from the English and American law; natural justice and due process of law. The hearing procedure require to people’s rights and interests, ensure to guarantee their own rights to claim a hearing. The purpose of this thesis is to analyze and evaluate the hearing procedure on competition law in US and Korea. The enforcement of our Fair Trade Commission is very powerful on the the competition law in Korea, and so its regulation to the accused could be very severe. We will try to develop our competition law system through studies about the prehearing systems of US. The article’s contents are as follows; Chap1. Introduction Chap2. Concept of Hearing System Chap3. Prehearing Procedure on Fair Trade Law of Korea Chap4. Prehearing Systems on Competition Law of the United States Chap5. Prehearing Procedure of Fair Trade Commission Chap6. Conclusion