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(영문) 광주지방법원 2016.10.20 2016구합10862
부정당업자 제재처분 취소청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is a corporation that manufactures and sells mechanical electric meters and electronic electric meters, and the Defendant is a market-type public corporation under Article 5 of the Act on the Management of Public Institutions (hereinafter “Public Institutions Operation Act”).

B. On October 23, 2014, the Fair Trade Commission ordered the Plaintiff to take corrective measures under Articles 21 and 22 of the Monopoly Regulation and Fair Trade Act stating that “The act of entering into an agreement with respect to bidding prices and quantities for the purchase of mechanical electric meters ordered by the Defendant from 1993 to 2010 shall constitute an unfair collaborative act under Article 19(1)1 and 3 of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”) on the ground that “the act of jointly determining the price and quantity of the electric power quantity supplied to the ordering authority, such as jointly determining the quantity of the electric power quantity supplied to the ordering authority,” and to pay a penalty surcharge of KRW 17,00,000 on the domestic electric power quantity market.”

(Resolution No. 2014-234, hereinafter referred to as “instant Fair Trade Commission Resolution”). (C)

On April 7, 2016, the Defendant: (a) Article 39 of the Public Institutions Operation Act; (b) Article 15 of the former Rules on Contract Affairs of Public Corporations (amended by Ordinance of the Ministry of Strategy and Finance No. 230, Aug. 23, 2011; hereinafter “former Rules on Contract Affairs”); (c) Article 76(1)7 of the former Enforcement Decree of the Act on Contracts to Which the State Is a Party (amended by Presidential Decree No. 22660, Feb. 9, 201; hereinafter “former Enforcement Decree of the State Contracts Act”); (d) Article 573 of the former Enforcement Rule of the Act on Contracts to Which the State Is a Party, on September 23, 2016.

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