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(영문) 대법원 1991. 2. 12. 선고 90누6248 판결

[공정거래법위반으로인한시정명령취소][공1991.4.1.(893),999]

Main Issues

The case holding that Article 18 (1) 2 of the former Monopoly Regulation and Fair Trade Act (amended by Act No. 4198 of Jan. 13, 1990) is applicable in case where the measures ordered by the Governor of Jeollabuk-do, who is the "enterprisers' Association" under Article 2 (4) of the former Monopoly Regulation and Fair Trade Act (amended by Act No. 4198 of Jan. 13

Summary of Judgment

The case holding that Article 18 (1) 2 of the former Monopoly Regulation and Fair Trade Act (amended by Act No. 4198 of Jan. 13, 1990) is applicable in case where the measure of expulsion of members by the Governor of Jeollabuk-do, the Governor of Jeollabuk-do, and the printing cooperative, the member of which is the "enterprisers' organization" under Article 2 (4) of the former Monopoly Regulation and Fair Trade Act (amended by Act

[Reference Provisions]

Articles 2(4), 18(1)2, and 19 of the former Monopoly Regulation and Fair Trade Act (amended by Act No. 4198 of Jan. 13, 190)

Plaintiff-Appellant

Seoul High Court Decision 200Do1448 delivered on August 1, 200

Defendant-Appellee

[Defendant-Appellee] Attorney Cho Jae-sik et al.

Judgment of the lower court

Seoul High Court Decision 89Gu9519 delivered on June 21, 1990

Text

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

Reasons

We examine the grounds of appeal by the Plaintiff’s attorney.

The court below's decision that the non-party 1 and the non-party 2's act of the non-party 1 and the non-party 2's act of the non-party 1 were no longer likely to constitute a violation of the law regarding the non-party 1's membership fee for the purpose of avoiding excessive competition among the non-party 1's association members and promoting common interests. The non-party 1's act of the non-party 1's membership fee for the non-party 8's establishment of the non-party 1's membership fee and the non-party 1's act of the non-party 1's membership fee for the non-party 8's establishment of the non-party 1's membership fee for the non-party 8's membership fee for the non-party 1's non-party 1's membership fee for the non-party 2's non-party 1's membership fee for the non-party 1's non-party 9's membership fee for the non-party 1's membership.

Therefore, the plaintiff's appeal is dismissed, and all costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Yoon Jae-ho (Presiding Justice)