조사협조자지위확인취소처분의취소청구의소
The judgment below is reversed, and the lawsuit of this case is dismissed.
The total costs of litigation shall be borne individually by each party.
Judgment ex officio is made.
1. According to Articles 21 and 22 of the former Monopoly Regulation and Fair Trade Act (amended by Act No. 8631 of Aug. 3, 2007, hereinafter “the Act”), when there is an act of violating the prohibition of unfair collaborative acts, the Defendant may order the relevant enterpriser to take corrective measures or impose penalty surcharges. According to Article 22-2(1) of the Act and Article 35(1) of the Enforcement Decree of the Act (amended by Presidential Decree No. 20360 of Nov. 2, 2007, hereinafter “the former Enforcement Decree”), if a person who filed a report or cooperates in an investigation before the commencement of the investigation, and satisfies certain requirements, the penalty surcharges and corrective measures shall be mitigated or exempted.
In addition, a person who intends to obtain corrective measures or penalty surcharge reduction or exemption pursuant to Article 22-2 of the Act and Article 35 of the Enforcement Decree of the Act, such as corrective measures against voluntary reporters, etc. of the former system (amended by Act No. 2007-13, Dec. 27, 2007; hereinafter “public notice”), may file an application for reduction or exemption including the list of evidence and evidence necessary to prove the relevant collaborative act, and the Secretary General of the defendant's Secretariat shall file an application for reduction or exemption pursuant to Article 35 of the Enforcement Decree of the Act.
If it is determined that the case falls under a case, a document confirming that the applicant falls under a voluntary reporter shall be prepared and delivered to the applicant (Articles 7 and 11(1)), and the Secretary General of the defendant's Secretariat does not cooperate until the investigation is completed, such as stating all facts related to an unfair collaborative act and submitting relevant materials;
2.Where the submitted data is false;
3. If the grounds for "in the event that the collaborative act was not discontinued before the final decision of the commission, the confirmation of status such as those who have filed a voluntary report may be cancelled before the defendant's final decision is made, and Articles 12(1) and 13 are applicable.