The costs of appeal are assessed against the defendant.

1. Articles 22 and 55-3(1) and (5) of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”) provide that a penalty surcharge may be imposed on an enterpriser who has conducted an unfair collaborative act by the Defendant within the extent not exceeding the amount obtained by multiplying the “amount of sales determined by the Presidential Decree” by 10/100 (or KRW 2 billion in the absence of sales, etc.), and the standard for imposing a penalty surcharge may be prescribed by the Enforcement Decree, taking into account the content and degree of the offense, duration and frequency of the offense, the size of profits acquired from the offense, etc.

According to delegation, Article 9(1) of the Enforcement Decree of the Monopoly Regulation and Fair Trade Act (hereinafter “Enforcement Decree of the Fair Trade Act”) provides that “Sales prescribed by the Presidential Decree” in the main sentence of Article 22 of the Fair Trade Act refers to the sales of related goods or services sold in a particular business area during the period of violation or the amount corresponding thereto (hereinafter “related sales”), but the proviso provides that “in the event of bid collusion or any other similar act, it refers to the contract amount.” The meaning of the relevant sales related to the imposition of penalty surcharges against the business operator who participated in the unfair collaborative act is clarified.

Furthermore, Article 61(1) of the Enforcement Decree of the Fair Trade Act provides that the criteria for imposing penalty surcharges under Article 22 of the Fair Trade Act are as shown in attached Table 2, and accordingly, the main sentence of subparagraph 2(a)(3) of attached Table 2 of the Enforcement Decree of the Fair Trade Act provides that the basic criteria for calculating penalty surcharges for unfair collaborative acts shall be calculated by multiplying the relevant sales by the base rate for imposing penalty surcharges determined by the degree of gravity by the degree of gravity.

As such, the Fair Trade Act provides the basis for imposing penalty surcharges and calculating the penalty surcharges.