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(영문) 서울고등법원 2015.12.03 2015누40356

시정명령등취소

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1. The Defendant’s corrective orders and orders indicated in attached Form 1, which were issued to the Plaintiffs by Resolution No. 2015-87, March 23, 2015.

Reasons

Basic Facts

The status of the seven Korea Electric Power Corporation including the Plaintiff, etc. (hereinafter “Korea Electric Power Corporation”) is a government-invested institution established under the Korea Electric Power Corporation Act and engaged in the development, transmission, distribution, and business related thereto of electric resources. The Plaintiffs and the Korea Electric Power Co., Ltd. (hereinafter “Korea Electric Power Corporation”), respectively, are a business entity under Article 2 subparag. 1 of the former Monopoly Regulation and Fair Trade Act (amended by Act No. 12095, Aug. 13, 2013; hereinafter “Fair Trade Act”), including both the Plaintiffs and the Korea Electric Power Co., Ltd., Ltd. (hereinafter “Seoul East Power”), “Seoul East Power Generation,” “Seng Power Generation,” “China Power Generation,” and “Korea Electric Power Corporation, etc.,” and both of the Plaintiffs and Korea Electric Power Corporation and Korea-U.S. are “ seven companies, including the Plaintiff, etc., who use electric power plants and produce and supply electricity.”

Plaintiff

In other words, seven companies are designated as a business group subject to the restriction on mutual investment under Article 14 (1) of the Fair Trade Act, which has 24 affiliated companies as of September 2014.

In 190, Korea Electric Power Industry Development Co., Ltd. (hereinafter referred to as “Korea Electric Power Industry Development”) established by investing 100% of equity in the management of idle assets and the management of the Coal Council in the power plant.

On March 17, 2003, the Korea Freedom Federation sold 51% of the shares in the Korea Electric Power Industry Development to the Korea Freedom Federation on March 17, 2003 in accordance with the Government’s “the Second Public Enterprise Privatization and Management Innovation Plan ( August 4, 1998),” and the Korea Freedom Federation listed and sold its shares at 20% on or around December 2010, and 31% of the shares in the development of the Korea Electric Power Industry at the end of August 2014, the Korea Freedom Federation holds 31% of the shares in the development of the Korea Electric Power Industry, and 29% of the shares, respectively.

The thermal power generation facilities are classified into “electric power facilities” directly related to the production of electric power and “non-electric power facilities” that assist the production of electric power according to their use, and the main power facilities are turbine power generators.