1. The instant lawsuit shall be dismissed.

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

The so-called “performance of obligations” that orders an administrative agency to actively engage in a certain act is not allowed (see, e.g., Supreme Court Decisions 87Nu868, Sept. 12, 1989; 91Nu4126, Feb. 11, 1992). The Plaintiff “Defendant Fair Trade Commission is seeking to impose a penalty surcharge of KRW 11.9 billion on the president of Defendant B,” but it constitutes a lawsuit for performance of obligations and thus cannot be claimed as an administrative litigation.

Therefore, the lawsuit of this case is unlawful and its defects cannot be corrected due to its nature. Thus, it is so decided as per Disposition by the assent of all participating Justices on the ground that the lawsuit of this case is dismissed without pleading pursuant to Article 8(2) of the Administrative Litigation Act and Article 219 of the Civil Procedure Act.