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영통2동협의회의 사업자단체금지행위에 대한 건

2005-11-06 | 약식2005-248 | 2005단체0909 | 시정명령

Representative Measure Type

Corrective Order

Resolution Number

Medicine 205-248

Case Number

2005 Organization0909

case name

Cases on prohibited acts of the business associations of the Young-Du 2 Cooperatives

Date of Resolution

November 07, 2005

Attachment Files

A summary resolution (The Yeongdeungpo-gu Council).hwp

A summary Resolution (The British Council).Pdf

Persons with serious mind

Young-gu 2 Dong Council

The Chairperson of Young-gu, Young-gu, 2, Dong Young-gu, 973-3, 2, 105

Text

1. The inquiree shall not commit any act unreasonably restricting the business contents or business activities of a member project operator by restricting the scope of the objects of brokerage to the member project operator, or by providing the regulations governing business activities in violation of the regulations, and by implementing the penal provisions governing the violation;

2. Within 60 days from the date of receipt of this corrective order, the inquiree shall revise or delete the rules of the Young-gu 2 Partnership Council in a manner consistent with the purport of the above 1.

3. Within 30 days from the date of receipt of this corrective order, the respondent must notify all the constituent members of the fact that he/she received a corrective order from the Fair Trade Commission on the ground that he/she violated the Monopoly Regulation and Fair Trade Act by doing the above 1.

Reasons

1. Basic facts

(a) Eligibility of the inquiree;

The Yeongdeungpo-gu 2-dong Council, which is the heart, is an organization established by business operators who engage in real estate brokerage in the area of Young-gu, Young-gu, Suwon-gu, Gyeonggi-do, for the purpose of promoting common interests and promoting friendship, etc., and falls under the business operators' organization under Article 2 (4) of the Monopoly Regulation and Fair Trade Act (hereinafter referred to as

(b) The general status of the inquiree;

(1) There is no separate office or full-time employee, including the president, vice presidents, secretary general, and operating members, and the decision-making is made by the Assembly and the Steering Committee from time to time, which shall be held once a year.

(2) As of June 2005, the real estate brokerage office in Young-gu, Suwon-si, Suwon-si, Gyeonggi-do is about 67 business establishments as of the end of June, 2005, double 64 business establishments have joined as a inquiree-friendly member, and the status of the inquiree's work is as listed below.

The general status of the inquiree as provided in Table 1.

As of June 2005

1.64 persons 1.164 persons 1.1 million won/year 20-3 million won/year;

20,000 won for a person who takes over an existing member establishment, and three million won for a person who establishes a new brokerage office

2. Formation of restrictions on business activities with respect to member enterprisers;

(a) Fact of conduct;

(1) Restricting items subject to real estate brokerage;

The inquiree, who is a member of the inquiree, has arranged No. 111 (former book store business) of the Dongdae-so apartment shop located in Young-gu, Young-gu, Young-gu, 986, Suwon-gu, Suwon-gu, Suwon-si, and opened the office of the licensed real estate agent on March 25, 2005.

On April 14, 2005, there was a fact that the existing member held an extraordinary general meeting on the ground that the basic promise to deprive the member of his/her status would be inconsistent with the basic promise to deprive him/her of his/her membership when he/she has pushed another type of business and opened a new real estate business.

(2) Operation of rules that restrict the business activities of member enterprisers

The respondent has enacted and implemented the rules that include restrictions on business activities of member establishments and sanctions such as the imposition of penalties in the event of violations, and the blocking of computer networks as shown below.

Major contents of the Regulations of the Young-2 Dong Council.

Article 4. Important Matters - The basic purpose of transactions between member establishments is to impair the trust and dignity of the brokerage business by means of discount of brokerage commission - advertising activities on the information page or the Internet - fee discount, etc. - The act of employing an employee in the area or by an act for danger or injury in the front glass - the act of employing an employee in the area or by an act for danger or injury - Sundays shall be unconditional off (Provided, That in case of an inevitable intermediate payment, the partial payment shall be recognized as being notified to the relevant operating member, and the case of prompt treatment by opening the door, closing the class, and broman, etc.): the penalty shall be imposed by the Steering Committee (in the event of the first violation, the first violation shall be suspended for one month, and the second recurrence shall be punished, such as deprivation of membership, etc.).

5.Minors

A person shall be appointed.

The following rules shall be prescribed by the Computer Information Work Regulations:

-registration of job offering advertisements,

Penal Provisions: It shall be punished by warning and blocking computerized information at the operating committee.

(In the event of violation, the first warning shall be given, and habitually repeated shall be punished by the blocking, etc. of computerized information.

B. Determination of illegality

(1) Restricting objects of real estate brokerage;

An individual intermediary may determine the scope and object of the request for brokerage by an independent business operator in accordance with the self-determination of the intermediary's division, the scope and object of the introduction of the intermediary.

An act of expulsion conducted at a friendship meeting on the grounds that he/she acts as a member of the person under trial as a broker of the goods to be established as a real estate office is an act of unfairly interfering with or restricting the business activities of the member company, which constitutes an act of violating Article 26(1)3 of the Act.

(2) the management of rules that restrict the business activities of member enterprisers;

An individual broker may freely choose and decide the method of business activities, such as the counterpart to the joint brokerage transaction, the discount of brokerage commission, the method of advertising related to the brokerage business, the medium of light, whether on Sundays holiday, etc., in consideration of the market situation, his/her business conditions, business strategies, etc.

In the case of violation of the regulations that restrict the business activities of the person under question and the regulations that restrict the business activities of the person under question and the enforcement of the regulations that allow the person under question to take sanctions shall be acts that unreasonably obstruct or restrict the business activities of the member company and the contents and methods of the business activities of the member company.

3. Details of the acceptance of the inquiree;

On September 21, 2005, the respondent recognized the act of the above 2. A. (1) (2) on September 21, 2005 and accepted the opinion of the corrective measures of the text, so the respondent proceeded with the deliberation of this case without the attendance of the respondent.

4. Conclusion

Since the acts of the court below 2. A. (1) (2) are recognized as prohibited acts of the private business entities' organizations as stipulated in Article 26.1.3 of the Act, a decision is made as ordered by applying the provisions of Article 27 of the Act.

The Fair Trade Commission has resolved as above.

November 7, 2005

the head of the Dong, the head of the Dong.

The above Commissioner of the Republic of Korea:

5 5 14 6

The attached Form shall be attached thereto.

Written Notice of Composition Operators

Number of years:

Title: Notification of the fact of receiving a corrective order from the Fair Trade Commission;

The council of low-income 2 Dongs notifies the Fair Trade Commission that it has received a corrective order (No. 2005-, No. 2005, No. 2005, No. 2005) as follows.

- - Sound

1. The respondent shall not engage in any conduct that unreasonably limits the business contents or business activities of the member enterpriser by limiting the scope of the object of brokerage to the member enterpriser, by providing rules that restrict the business activities of the member enterpriser, and by providing penal provisions for the violation thereof;

2. Within 60 days from the date of receipt of this corrective order, the person under question shall revise or delete the rules of the Young-gu 2 Eastern Association in a manner consistent with the purport of the above 1.

January 2005

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