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(영문) 대법원 2018.12.27 2015두44028
시정명령등취소
Text

All appeals are dismissed.

Costs of appeal shall be borne by each party.

Reasons

The grounds of appeal are examined.

1. Judgment on the ground of appeal by the plaintiff

A. (1) According to the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”), the Fair Trade Commission shall notify in writing the parties to the relevant case of the results of the investigation of the violation of the Fair Trade Act.

(Article 49(3) of the Fair Trade Commission also provides the parties concerned with an opportunity to state their opinions before taking corrective measures or issuing penalty surcharges on violations of the Fair Trade Act, and the parties concerned may attend the meeting of the Fair Trade Commission to state their opinions or submit necessary materials.

(Article 52) Furthermore, Article 52-2 of the Fair Trade Act provides that a party or an interested person may request the Fair Trade Commission to allow the perusal or reproduction of materials related to a disposition under the Fair Trade Act. In this case, the Fair Trade Commission shall comply with the request when the party or interested person consented to the submission of materials or when it

Matters necessary for handling cases violating the Fair Trade Act shall be determined and publicly notified by the Fair Trade Commission.

Article 55-2 (2) (2) Meanwhile, the Administrative Procedures Act provides that an administrative agency may request the perusal or duplication of the documents regarding the investigation results of the case and other documents related to the disposition in question from the date the party concerned notifies the hearing to the date the hearing is completed, and the administrative agency shall not refuse the request, except where disclosure is restricted by other Acts and subordinate statutes.

(Article 37(1). However, Article 3 of the Administrative Procedures Act and Article 2(6) of the Enforcement Decree of the Administrative Procedures Act provide that the application of the Administrative Procedures Act to the Fair Trade Act shall be excluded.

The purpose of the law is not to guarantee more procedures than those prescribed by the Administrative Procedures Act, but rather to guarantee the parties to whom the Fair Trade Act applies.

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