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(영문) 서울고등법원 2016.06.16 2016누31861

시정명령등취소

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1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts and circumstances of dispositions;

A. The Plaintiff’s status and the general status of the Plaintiff is an organization established with the aim of promoting common interests in relation to supervision services by certified architects conducting construction services in the area of Jeollabuk-do, and constitutes an organization of business operators under Article 2 subparag. 4 of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”).

The general status is as listed below:

(Unit: 240,360 on January 1, 2014, the budget amount of the project operator’s budget for the establishment date of the name of organization (as of March 2015).

B. 1) A certified architect’s supervision and supervision market in Jeollabuk-do, through qualifying examinations under the Certified Architects Act, acquires a certified architect’s qualification, establishes a certified architect office, and reports it to the Minister of Land, Infrastructure and Transport. 2) A certified architect is mainly engaged in design work, such as planning, construction design, ex post facto design management, and supervision conducted at the construction site. Of these, supervision is classified into supervision conducted by a specialized construction-supervising firm or a certified architect according to the scale of construction, such as construction cost and number of households.

3) As of March 2015, a certified architect in the area of Jeollabuk-do is a total of 361 persons. Of this, 320 certified architects who belong to the Plaintiff are 88.6% of all certified architects in the area of Jeollabuk-do. (C) The Plaintiff’s act 1) committed an act of determining supervision fees and the Plaintiff’s act of setting standards for consulting engineers’ selection contracts and supervision fees receipt and management, etc. (hereinafter “instant supervision standards”) on December 19, 2013 at the inaugural general meeting, when establishing a standard for consulting engineers’ selection contracts and supervision fees received (hereinafter “instant supervision standard”) on December 19, 2013, and ② a provision that sets the standard price and minimum price of supervision fees by type and scale of buildings