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동아세아 공동시장의 형성과 경쟁법의 과제 : International Legal Order and Domestic Law ; Tasks of Competition Law for Establishing an Economic Community in East Asia

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Authors

권오승

Issue Date
2005
Publisher
서울대학교 법학연구소
Citation
법학, Vol.46 No.3, pp. 140-158
Keywords
동북아시아(North East Asia)동아시아가 하나의 공동시장시장경제체제에 제대로 편입경쟁법
Abstract
After China introduced the market economy, the volume of economic exchange

and cooperation in East Asia grew more rapidly. In order to promote this

cooperation, one could also expect to establish a common market in East Asia

also, similar to EEC and NAFTA. However, there are many obstacles that

prevent the establishment of the common market in this area. Therefore it is

highly recommended for the legal professionals to join in research to remove

these obstacles. This paper, in order to promote this effort, focused on

conducting research only in competition law.

Most countries in East Asia have introduced competition law, in order to

maintain the proper function of the market economy. Japan was the first country

in Asia to introduce a competition law, followed by Korea and Taiwan. China is

still in the process of legislation since joining the WTO. In general, competition

laws prohibit or regulate monopolies and oligopolies, mergers, collaborative acts

and unfair trade practices in order to maintain or promote free and fair

competition; in this aspect, the competition laws of East Asian countries are the

same. The competition law of each country, however, shows substantial

differences in specific content and regulatory procedure.

The countries in East Asia need to develop their institutions to meet the

global standard by means of comparing and examining their institutions and

experiences with those of Europe and the United States at the same time as

verifying the characteristics of Asian competition law and overcoming the

limitations of these through their mutual comparison and research. In order to...
ISSN
1598-222X
Language
Korean
URI
http://lawi.snu.ac.kr/

https://hdl.handle.net/10371/9911
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