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(영문) 서울고등법원 2016.01.22 2015누40585
시정명령등취소
Text

On March 23, 2015, the Defendant’s corrective order and penalty surcharge payment order issued against the Plaintiff is revoked.

Reasons

1. Facts leading up to the disposition (based on recognition) without dispute, Gap 1, 2, and the purport of the whole pleadings;

A. The status of the Plaintiff, etc. Korea Electric Power Corporation (hereinafter “Korea Electric Power Corporation”) is a government-invested institution established under the Korea Electric Power Corporation Act and engaged in the development, transmission, distribution, and related business of electric resources. The Plaintiff and Korea East East Power Development Co., Ltd., Korea Southern Power Development Co., Ltd., Korea Eastern Power Development Co., Ltd., Korea Eastern Power Development Co., Ltd., Korea and Korea Medium Power Development Co., Ltd. (hereinafter “Plaintiffs et al.”) are a business entity under Article 2 subparag. 1 of the former Monopoly Regulation and Fair Trade Act (amended by Act No. 12095, Aug. 13, 2013; hereinafter “Fair Trade Act”).

Plaintiff

In other words, seven companies belonging to the Korean Electric Power Corporation, "Korea Electric Power Corporation," has 24 affiliated companies as of September 2014, and has been designated as a business group subject to the restriction on mutual investment under Article 14 (1) of the Fair Trade Act.

On 192, Korea Electric Power Plant Co., Ltd. (hereinafter referred to as the "Korea Electric Power Plant") is a subsidiary that holds 100% of the shares of Korea Electric Power Plant as a company established by the division of information and communication systems of Korea, and is a system integration (SI, hereinafter referred to as the "SI"), system integration (SI) and system operation business related to electric power and information and communication fire-fighting systems, supervision consulting related supervision and consultation, electric power, telecommunications service broadcasting and other business using information and communications technology as its main business.

The projects of the Han-KN are largely divided into the fields of general IT in which the private enterprises can equally participate with the power IT projects that are specialized in the field of electricity.

B. The SI industry’s market structure SI industry is free by the business entity, since there is no institutional barriers to the operation of the business only when the initial facility investment is written and the procedures are reported to the relevant agencies.

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