The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Whether a measure that did not grant reduction or exemption to the Plaintiff is unlawful (ground of appeal No. 1)

A. Article 22-2 of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”) provides that a penalty surcharge may be mitigated or exempted for a person who cooperates in an investigation by means of the provision of evidence, etc. (Article 22-2 of the Fair Trade Act). The details of the scope of persons who have been mitigated or exempted and the standards for mitigation or exemption shall be prescribed by Presidential Decree.

(4) Article 35(1)2 of the Enforcement Decree of the Monopoly Regulation and Fair Trade Act (hereinafter referred to as the “Enforcement Decree of the Fair Trade Act”) provides that a person who cooperates in an investigation conducted by the Fair Trade Commission after commencing an investigation, and who cooperates in the investigation under the circumstance that the Fair Trade Commission fails to obtain information on the unfair collaborative act or fails to obtain sufficient evidence necessary to substantiate that the person is an unfair collaborative act (a). (2) The person is the first person (b) who alone provides evidence necessary to substantiate the unfair collaborative act. (c) The person is required to fully cooperate in the investigation (b) the fact related to the unfair collaborative act. (c) The person is required to fully state all the facts related to the unfair collaborative act and submit relevant materials (b) subparagraph 1 (c).

According to the language and content of the relevant statutes, “the first person who, as a person who cooperates in an investigation conducted by the Fair Trade Commission after commencing the investigation, provided independently evidence necessary to prove that the person is an unfair collaborative act” is eligible for exemption from the investigative partner.