The costs of appeal are assessed against the Plaintiff, including the part arising from the supplementary participation.

1. According to Article 14(1) of the Monopoly Regulation and Fair Trade Act and Article 21(1) of the Enforcement Decree of the Monopoly Regulation and Fair Trade Act, the Fair Trade Commission, by April 1 of each year, shall designate a business group subject to limitations on mutual investment and a business group subject to limitations on mutual investment (hereinafter “business group”) and shall notify companies belonging to a business group of the designation by April 1 of each year in accordance with the requirements prescribed by law. Article 14-2(1) of the Fair Trade Act provides that where a business group is incorporated as an affiliated company or the grounds for exclusion from an affiliated company arise, the Fair Trade Commission shall examine whether the business group falls under an affiliated company at the request of the relevant

In light of the language and text of the provisions of the Fair Trade Act that prescribe the designation and exclusion of an enterprise group, and the purport of allowing the Fair Trade Commission to designate an enterprise group at a certain point of time each year, it seems that Article 14-2(1) of the Fair Trade Act newly provides for cases where a reason to exclude an enterprise group from the enterprise group after the designation thereof under Article 14(1) arises.

If a company is designated as an enterprise group under the provisions of Article 14(1) of the Fair Trade Act, its effect takes place, and the company and any interested person may appeal against the designation disposition of the enterprise group as prescribed by the Administrative Litigation Act, but after the period of filing the lawsuit expires, they shall not contest its effect, unless there are any special circumstances.

Nevertheless, if the reason that existed prior to the designation of an enterprise group is considered to be included in the reasons for exclusion from affiliation under Article 14-2 of the Fair Trade Act, the company and its related parties are against the designation of the enterprise group.