2. Wangdol Co., Ltd.;

2. The costs of the lawsuit are assessed against the defendant.

A. The Plaintiffs are engaging in the manufacture and sale of ready-mixeds in Daegu East-dong area (Dongdong-gu, Suwon-gu) and the Gyeongbuk-do area.

B. On September 5, 2013, the Plaintiffs received corrective orders from the Fair Trade Commission on the following grounds that they constitute unfair trade practices under Article 23(1)1 of the Monopoly Regulation and Fair Trade Act.

around July 13, 201, Dongyang Co., Ltd. (hereinafter referred to as 'Dongyang') supplied ready-mixeds to C, a corporation, the contractor of the new construction of Madon B located in Busan City, a corporation, and the representative director of C, who did not pay part of the price of the goods of the goods of the goods of the goods of the goods of the goods of the goods of the goods of the goods of the goods of the goods of the goods of the goods of the goods of the goods of the goods of the goods of the goods of the goods of the goods of the goods of the goods of the goods of the goods of the goods of the goods of the goods of the goods of the goods of the goods of the goods of the goods of the goods, the goods of the goods of the goods of the goods of the goods of the goods, and the goods of the goods of the goods of the goods of the goods of the goods of the goods of the goods of the goods of the goods of the goods of the goods of the goods of the goods of the goods of the goods.

C. On January 11, 2017, the Defendant issued a disposition to revoke the eligibility to participate in competitive bidding between small and medium entrepreneurs and to restrict the acquisition of participation eligibility for one month (hereinafter referred to as “instant disposition”) on the grounds that the aforementioned grounds against the Plaintiffs constitute “an unfair act, such as collusion,” under Article 8(3)3 of the former Act on the Promotion of Purchase of Small and Medium Enterprise Products and the Development of Market Support (amended by Act No. 13866, Jan. 27, 2016; hereinafter referred to as “former Act on the Promotion of Market Support”).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 4, 6, 11, 13 (including paper numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Summary of the plaintiffs' assertion

The plaintiffs asserted that the refusal of this case does not constitute unfair trade practices under Article 23 (1) 1 of the Monopoly Regulation and Fair Trade Act, and does not constitute unfair practices, such as collusion under Article 8 (3) 3 of the former Act on the Promotion of Development of Agricultural and Fishing Villages. Further, the plaintiffs asserted that the disposition of this case was in violation of the principle of protection of trust since it was conducted more than five years after the refusal of this case, and it was excessive compared to other businesses, and that the plaintiffs already violated the principle of equality, and that it constitutes double sanctions since they fulfilled the obligations under the Fair Trade Commission's corrective order and

(b) Related statutes;

The entry in the attached Form is as specified in the relevant statutes.

C. Determination

Article 8 (3) of the former Act on the Development of Agricultural and Fishing Villages provides that "the Administrator of the Small and Medium Business Administration may revoke the participation eligibility or suspend the participation eligibility for a small and medium enterprise proprietor who participates in competitive bidding only at small and medium enterprises, if the small and medium enterprise proprietor falls under any of the following subparagraphs: Provided, That where a small and medium enterprise proprietor falls under any of subparagraphs 1 through 3, he/she shall revoke the participation eligibility:

Article 8 (3) 3 of the former Act on the Development of Agricultural and Fishing Villages is an obligation imposed on a small and medium enterprise owner participating in a competitive tendering procedure between small and medium enterprises. As such, it is reasonable to interpret the so-called "contest which is practically a single bidder in a competitive tendering procedure to allow a third party to participate in a competitive tendering procedure as if there is a competitor in order to prevent the bid from being involved in a competitive tendering procedure, or to allow a specific bidder to participate in a competitive tendering procedure between bidders, or to participate in a competitive tendering procedure between bidders in the competitive tendering procedure at a low price as a matter of course, it is reasonable to block an appropriate price for a specific bidder, and to allow the bidder to participate in a competitive tendering procedure at a low price to be successful tendering procedure at which the bidder will be responsible for the bidder who is the lowest bidder."

In addition, in light of the fact that Article 8 (3) 4 and 8 (3) 3 of the former Act on the Development of Market Support separately provides for other reasons for revocation not falling under subparagraphs 1 through 3, "unfair act" under Article 8 (3) 3 of the former Act means an act that can be evaluated as equal or similar to such collusion.

However, the refusal of this case is not a part of the plaintiffs' participation in the competitive tendering process open only to small and medium enterprise proprietors, but merely refuses to supply ready-mixeds to B upon the request of the Dongyang. Thus, even if such act constitutes an unfair trade under Article 23 (1) 1 of the Monopoly Regulation and Fair Trade Act, it is difficult to view it as an "unfair act, such as collusion, etc." under Article 8 (3) 3 of the former Act on the Promotion of

Therefore, the instant disposition cannot be recognized as the grounds for the disposition, and thus, it is unlawful to consider the remainder of the Plaintiffs’ assertion without further review.

3. Conclusion

The plaintiffs' claims are justified and accepted.

Judges Yang Ho-young

Judges Park Jong-young