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(영문) 서울고등법원 2017.01.18 2015누51110
시정명령등취소
Text

1. The Defendant’s corrective order indicated in attached Form 1, which was issued to the Plaintiff as the plenary session’s resolution No. 2015-212 on June 29, 2015.

Reasons

1. Facts recognized;

A. The Plaintiff’s status as the Plaintiff, Gato Cable, and Gato Cable Co., Ltd. are reduced to the same extent, and the name of another company is also omitted.

Nexexna Korea, Korea Electric Cable, LS Cable, Es Electric Cable, LS Cable, Mans Electric Power, Manskbook, KTC, and Hos Cable are companies that manufacture and sell electric wires, as prescribed by Article 2 subparagraph 1 of the Monopoly Regulation and Fair Trade Act (amended by Act No. 12708, May 28, 2014; hereinafter “Fair Trade Act”).

B. Characteristics and current situation of the electric cable market is the capital cluster industry that requires a large amount of facility investment. On the other hand, the electric cable industry is a capital cluster industry that requires a large amount of facility investment. On the other hand, a series of processes up to the final product production appear in the economy after the facility investment takes place, and thus, a variety of varieties can be produced only through the alteration of the manufacturing process without additional costs. As such, the power industry is determined by the efficiency of equipment and the scale of the facilities, and thus, a large enterprise has a tendency to monopoly the production of electric wires. The electric cable industry is a business with a large amount of more than 80% of the raw material cost among the production cost of the electric wires. The raw material accounts for 90% of the total production of the electric wires. Accordingly, in the present situation of the domestic electric cable market, a large-scale competition between the small and medium enterprises is necessary, but only the small and medium enterprises requires a large-scale competition of the production cost of the raw material and the total production cost of the electric cable product.

At least 60% of the total market is an over-competitive system where large enterprises, such as ELS Cable, KV Cable, Gato Cable, Gato Electric Cable, and Gato Electric Cable, occupy at least 60% of the total market.

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