Korean Antimonopoly Act(hereinafter "the Act") leaves to the discretion of the Korean Fair Trade Commission(hereinafter "the Commission") ordering injunctions, and/or imposing fines, etc. But a judicial control of the Commission's discretionary powers confronts critical limit as the Commission applies economic theories or its own principles interpreting unclear definitions used in the Act. Furthermore since the Commission carries out not only judicial function but also political one, alternative approach has to be found, which could protect the freedom of undertakings and achieve the goal of the Act, namely "promotion of competition" more effectively.

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