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(영문) 서울고등법원 2014.10.31 2013누11804
시정명령및과징금납부명령취소
Text

1. The Defendant’s corrective orders and orders indicated in the separate sheet issued by the Decision No. 2013-069, April 4, 2013, against the Plaintiff.

Reasons

1. Details of the disposition;

A. The status and current status of the Plaintiff, etc. are those engaged in insurance business, including development and sale of insurance products, such as life insurance and pension insurance, after obtaining permission from the Financial Services Commission under Article 4 of the Insurance Business Act.

Plaintiff

General status of the following table (based on fiscal year 2010, per unit: name, per million won, per annum).

Samsung 1957, 149 146, 619,619 130,963, 619 130,963, 638, 572, 705 25.99 4,1566, 63, 623, 856, 57, 632 11,097, 197, 19584, 38157, 57, 8494, 6397, 6398, 647, 798, 781, 429, 97, 1968, 1964, 197, 1964, 197, 1964, 197, 197, 1964, 2538, 1964, 197, 25364, 1965

B. On April 4, 2013, the Defendant issued a corrective order and a penalty surcharge payment order (hereinafter “instant disposition”) to the Plaintiff on the ground that the following acts by the Plaintiff, etc. constitute “act of determining the price” under Article 19(1)1 of the Monopoly Regulation and Fair Trade Act (hereinafter “the Act”).

Plaintiff

On August 30, 2002, through a series of meetings, information exchange, communication, etc. at variable pension insurance working groups, working division meetings, product department meetings, etc., agreed to set the minimum amount of death insurance coverage (GMDB) fee rate of 0.05% and the minimum amount of pension reserve (GMAB) fee rate of 0.5-0.6%, and implement it.

(However, FMAB fee rate is 0.1% of the GMAB fee rate applied to variable life insurance by four companies, including Samsung, in addition to the instant disposition.

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