2012. Revocation of disposition of imposition of penalty surcharge, etc.

Won Electric Cable Co., Ltd.

Fair Trade Commission

Seoul High Court Decision 2011Nu19088 Decided May 17, 2012

October 11, 2013

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

Based on its stated reasoning, the lower court determined that the Defendant’s determination of 7% of the base imposition rate for the Korea Electric Cable and the Korea Electric Cable (hereinafter referred to as “Korea Electric Cable, etc.”) under the “Notice of Penalty Surcharge 2005” was unlawful as it deviates from and abused discretion, and furthermore, when applying the legitimate imposition rate under the “Notice of Penalty Surcharge 2004” to Korea Electric Cable, etc., the lower court determined that the Defendant’s order to pay the instant penalty surcharge against the Plaintiff was unlawful as it deviates from and abused discretion, since the imbalance between the penalty surcharge for the Korean Electric Cable, etc., the degree of violation, and the instant penalty surcharge against the Plaintiff

In light of the relevant legal principles and records, the above judgment of the court below is just and acceptable. In so doing, it is not recognized that there was an error of law by misapprehending the legal principles as to the principle of equality, etc. or by omitting judgment that affected the judgment.

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

Justices Kim Chang-suk

Justices Yang Chang-soo

Justices Park Poe-dae

Justices Ko Young-han