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(영문) 서울고등법원 2014.11.19 2013누12098
시정명령및과징금납부명령취소
Text

1. The Defendant’s corrective order and decision No. 2013-069, which were issued by the Plaintiff on April 4, 2013, are based on the Plaintiff’s order and decision No. 2013-071.

Reasons

1. On April 4, 2013, the Defendant issued a corrective order and a penalty surcharge of KRW 7.121 billion to the Plaintiff on the grounds that the Plaintiff committed an unfair collaborative act (price collusion; hereinafter “instant collaborative act”) under Article 19(1)1 of the Monopoly Regulation and Fair Trade Act (hereinafter “the instant collaborative act”). On the same day, on the grounds that the Plaintiff was a second voluntary reporter, the Defendant issued a disposition to change the penalty surcharge of KRW 3.56 million from the first disposition to KRW 3.5 million.

(1) The minimum death insurance proceeds guarantee (GMDB), the minimum death insurance proceeds guarantee (GMDB); hereinafter “GMDB” is referred to as “GMDB”.

The Plaintiff is exempt from the name of Samsung Life Insurance Co., Ltd. (hereinafter referred to as “Life Insurance Co., Ltd.”).

On May 28, 2001, other three life insurers and the working party meetings agreed to set the GMFB fee rate applied to variable life insurance products as 0.1% per annum in comparison with the special account reserve. In addition, the GMFB fee rate applied to variable social life insurance products was set equal.

(2) The amount of variable pension insurance GDB fee rate and the minimum pension reserve (GMAB) guarantee (GMAB), the minimum pension reserve (GMAB), hereinafter referred to as the “GMAB”).

On August 30, 2002, the Plaintiff agreed to set the GMDB fee rate applied to variable pension insurance products as 0.05% per annum in comparison with the special account reserve, and the GMAB fee rate as 0.5% per annum in comparison with the special account reserve, and implemented it on August 30, 2002 through several meetings, such as Samsung and other 8 life insurers, variable pension insurance working groups, working division meetings, meetings of the head of the department in charge of goods, exchange of information, communication of intentions, etc.

(3) This case is the case in which the fee rates of the variable insurance special account are not less than the total fee rates.

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