독점규제및공정거래에관한법률위반
Defendant shall be punished by a fine of KRW 10,000,000.
In order to order the provisional payment of an amount equivalent to the above fine.
Punishment of the crime
No business operator shall agree with other business operators by any means to jointly engage in any act that unfairly limits competition, such as determining a successful tenderer, bid price, etc. in a tender or auction, or cause any other business operator to engage in such act.
The defendant is a corporation established for the purpose of manufacturing and selling power-driven equipment, pumps, and valves necessary for nuclear power plants.
The Defendant, who is the representative director, planned to enter into a contract with C Co., Ltd. (hereinafter referred to as “C”), D, E, etc., which are trading companies, to enter into a bid for various maintenance materials, pumps, etc. ordered by Korea Power and Nuclear Energy Co., Ltd. (hereinafter referred to as “Korea Power and Energy”), with prior consultation and determination on whether to participate in the bid, successful bidder, bid price, etc.
1. The Defendant: (a) around June 30, 2010, the representative director B, at the head office of the Defendant Company located in Kimhae-si F, asked the C representative Director H to participate in the bid for purchase of materials for maintaining pumps at the circulation of Hanwon (Public Notice Number: G) at the public announcement of the tender; and (b) requested the C representative director H to participate in the bid for the above purchase; and (c) decided the bid price in advance; and (d) decided that the Defendant was awarded the bid for the said purchase contract.
Accordingly, around July 13, 2010, B asked H to reflect the amount higher than the Defendant’s bid price of KRW 1,096,546,000, which is higher than the Defendant’s bid price, and H to the accounting personnel of the same day at KRW 1,166,00,000 in the Han-source Internet bidding site (http:/ebbbz.khn.co.k.r.) in the name of C, and the Defendant, a minimum bidder, was determined as the successful bidder around July 28, 2010.
Accordingly, the representative director of the defendant committed a collaborative act that unfairly limits competition on the defendant's business.
2. The Defendant: (a) at the same place as indicated in paragraph (1) around August 27, 2010; (b) at the same time and at the same time as set forth in paragraph (1); and (c) at the same time as the one-source was publicly announced (public notice number: I); and (d) at the same time,