Text
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On March 2017, the Plaintiff reported to the Defendant on unfair subcontracting practices, such as unfair interference with management by B Co., Ltd. (hereinafter “B”), evasion of the law, establishment of unfair special agreements, issuance of written statements, retaliation, and payment of subcontract consideration.
B. On January 8, 2018, the Defendant rendered a decision on “unsuspected suspicion” or “Completion of the Examination Procedure” and notified the Plaintiff thereof.
1) Management interference: The Fair Transactions in Subcontracting Act (hereinafter “subcontract”) provides for the purpose of preventing delayed payment and the minimum means to ensure the legitimacy of the purpose of preventing delayed payment and the fact that part of the joint passbook opened in the name of the Plaintiff.
(2) Since it is not determined that Article 18 is a violation of Article 18, Article 47(1) and Article 53-2(1) of the Rules on the Operation of the Fair Trade Commission and the Procedure for Case, etc. (hereinafter “Unsuspected Special Agreement”): Establishment of unfair special agreement under Article 47(1) and Article 53-2(2) of the Rules on the Operation of the Fair Trade Commission; (3) since the establishment of a joint passbook in the Plaintiff’s name and partial use of the bankbook is not recognized as improper as a violation of Article 3-4 of the Subcontract Act due to the lack of justification for the purpose of preventing delay and the minimum means of preventing delay; and (2) an evasion of the law: (3) the establishment of a joint passbook in the Plaintiff’s name and the provision of a separate settlement agreement in the name of the Plaintiff does not constitute a violation of Article 20 of the Subcontract Act, and thus, it is impossible to determine whether the subcontract consideration was objectively specified among the additional amount the implementation of the settlement agreement was completed, and thus, it is impossible to confirm the amendment of additional contract.