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(영문) 대법원 2018.10.12 2016두30897
시정명령등취소
Text

The judgment below

Of the corrective orders, the part of the corrective order is reversed, and DFururur, Co., Ltd., Ocom.

Reasons

The grounds of appeal are examined.

1. As to the supplier, etc.

A. Article 14(1) of the Act on Fair Transactions in Large Franchise and Retail Business (hereinafter “Large Franchise and Retail Business Act”) provides that “Large franchise and retail business operators shall not unfairly require a supplier, etc. to provide information falling under any of the following subparagraphs.” Subparag. 1 provides that “Information on the terms and conditions of supply (including supply prices) of goods supplied by a supplier, etc. to another business operator,” and Subparag. 2 provides “Information on the terms and conditions of sale (including rental fees) for entering the store of another business operator,” and Subparag. 3 provides “other information on the supplier, etc. or a supplier, etc.’s transaction partner, as prescribed by Presidential Decree.”

In addition, according to Article 3(1) of the Large Franchise and Retail Business Act, the term “supplier, etc.” means “supplier,” or “store lessee,” and Article 2 of the Large Franchise and Retail Business Act defines “supplier, regardless of the type of transaction,” as “person who supplies goods sold by a large franchise and retail business operator to a large franchise and retail business operator (including cases of directly supplying goods sold by a large franchise and retail business operator to consumers),” and “store lessee,” as “person who sells goods for rent out part of stores from a large franchise and retail business operator and uses them for the sale of goods used by consumers and makes transactions in the form of paying

(No. 3) and administrative laws and regulations which serve as the basis for sediment administrative disposition must be strictly interpreted and applied, and shall not be excessively expanded or analogically interpreted in the direction unfavorable to the other party to the administrative disposition, and even if the teleological interpretation that takes into account the legislative intent and purpose of the administrative disposition is not entirely excluded, such interpretation shall be normal.

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