For partial personal use
2015 Pence 1699
Cases concerning the extension of the deadline for payment of penalty surcharges for the wind forest industry (main) related to bidding for construction works to raise the embankment for agricultural reservoirs (two sections) and applications for payment in installments;
Written resolution (Written Decision -2 Tools).hwp
Written Decision (Written Decision -2 Tools).pdf
Scenic Industry Co., Ltd.
서울 강남구 테헤란로 124(역삼동) 대표이사 이ㅇㅇ
On June 8, 2015
On April 1, 2015, an applicant shall be allowed to extend the payment deadline and pay in six installments, as shown in the attached Form, for penalty surcharges of KRW 574,00,000 imposed by the resolution of the plenary session of the Fair Trade Commission under Article 2015-096.
1. Qualifications of the applicant;
1 Applicants 1 Article 19(1) of the Monopoly Regulation and Fair Trade Act (hereinafter referred to as the “Act”).
On April 1, 2015, the resolution of the plenary session by the Fair Trade Commission on April 1, 2015
In 2015-096, two enterprisers are ordered to pay a penalty surcharge of KRW 574,00,000 as an unfair collaborative act (hereinafter referred to as “original adjudication”) related to tendering for construction works to enhance agricultural reservoirs (two tools). Accordingly, a business operator is obligated to pay a penalty surcharge of up to June 10, 2015.
2 The applicant submitted the instant application on May 1, 2015 after being notified of an order to pay a penalty surcharge on April 3, 2015.
2. Summary of reasons for the application;
3 Applicants, (1) the continuing applicant for net income for the current term, (2) the rehabilitation plan by 2022
Considering the existence of the obligation of KRW 3,58.1 billion, and ③ the status of partial diving of the capital in 2014, in case of lump-sum payment of the excess amount, the Minister of Finance and Economy primarily applied for the extension of the payment period of the penalty surcharge by 2 years for the reasons that the financial difficulties are expected to occur.
A. Relevant legal provisions
Monopoly Regulation and Fair Trade Act;
Article 5-4 (Extension of Period of Surcharge Payment and Payment in Installments) (1) Where a person on whom a penalty surcharge has been imposed (hereinafter referred to as "person liable to pay a penalty surcharge") due to the negligence falling under any of the following subparagraphs is deemed difficult to pay the penalty surcharge in lump sum, the Fair Trade Commission may extend the period of surcharge payment or allow the person to pay the penalty surcharge in installments. In such cases, security may be required, if deemed necessary:
1. Where his/her assets are significantly damaged by disaster, theft, etc.;
2. Where his/her business is at considerable risk because of unfavorable business conditions;
3. Where lump-sum payment of penalty surcharges is expected to bring substantial financial difficulties;
4. Where there is an occasion equivalent to the occasions indicated in subparagraphs 1 through 3.
(2) Where a person liable to pay a penalty surcharge intends to apply for the extension of the deadline for payment of penalty surcharge or the installment payment under paragraph (1), he/she shall apply to the Commission on Fair Trade within 30 days from the date of receipt
(4) Matters necessary for extension of payment period of penalty surcharges or installment payments under paragraphs (1) through (3) shall be prescribed by the Presidential Decree.
Enforcement Decree of the Monopoly Regulation and Fair Trade Act
Article 62 (Extension of Period of Surcharge Payment and its Limit) (1) Reference in Article 55-4 (Extension of Period of Surcharge Payment and Payment in Installments) (1) of the Act to “the amount determined by the Presidential Decree” means either the amount computed by multiplying turnover as prescribed in the provisions of Article 9 by 1/100 or one billion won.
(2) The period of surcharge payment pursuant to the provisions of Article 55-4 (Extension of Period of Surcharge Payment and Payment in Installments) (1) of the Act may not be extended over two years after the date following the said period of surcharge payment.
(3) In the event of permitting payment in installments under the provisions of Article 55-4 (1) of the Act, the intervals between periods of installments shall not exceed six months, and the number of installments shall not exceed six times.
(b) Extension of payment deadline and whether payment in installments is permitted;
4. As indicated in the following table 1, ① net losses in the last three years have been accumulated, ② The debt ratio exceeds about 1,000% for the last three years, ② the debt ratio exceeds about 4,685.7% for the last three years, and the equity capital ratio shall also have continuously decreased for the last three years (12.93% for the last three years):
￫ ’13년 9.17% ￫ ’14년 2.08%)하고 있는 점, ③ 2014년 기말현금(현금 및 현금성 자산)이 219억 원이나 회생계획안에 따른 2015년 채무금액이 1,590억 원1)에 달하 는 점 등을 종합할 때, 신청인이 과징금을 일시에 납부하는 경우 자금사정에 현저
A person shall be appointed.
1) After obtaining authorization for the rehabilitation plan (as of September 25, 2012) pursuant to the Debtor Rehabilitation and Bankruptcy Act, the applicant has completed legal management decisions (as of April 4, 2013), but the balance of obligations due until 2022 according to the rehabilitation plan is KRW 3,58.1 billion.
Since it is anticipated that there is a difficulty, it shall be allowed to pay the penalty surcharge in six installments, but the first installment.
The payment deadline shall be October 10, 2015, as at the initial payment deadline.2)
Table 1. The applicant's major financial status
(unit: 00,000 won, per cent)
Division 2014 2013 2013 2013 2012 2012 2012 2012 253,450216, 780348, 612, 613 △△△△△68, 6421, 6445, 378 △△△△△△62, 1413), 349 △△62, 349, 25038, 97963, 19784, 297, 19796, 297, 297, 1974, 207, 367, 297, 1974, 367, 297, 397, 297, 197, 467, 397, 1967, 1974, 1967, 19674, 79636, 467, 797
5 The application of this case by the applicant satisfies the requirements of Article 55-4 (1) and (2) of the Act, and so a decision is made as ordered.
A person shall be appointed.
2) In light of the provisions of Article 55-4(1) of the Act, the applicant primarily applied for the extension of the payment deadline of a penalty surcharge for a two-year period for the payment of a penalty surcharge, but it is difficult to accept the main application for the extension of the payment deadline or the installment payment of a penalty surcharge for a lump sum to allow the extension of the payment deadline of a penalty surcharge for the payment of a penalty surcharge for a lump sum. In addition, the applicant filed an application with the applicant to allow the payment of a lump sum payment of a penalty surcharge for six months at the preliminary interval between six months and six installment payments. However, the applicant violated Article 62(2) of the Enforcement Decree of the Act providing that “the extension of the payment deadline shall not exceed two years after the date following the said payment deadline,” and thus, the applicant shall be allowed to pay the penalty surcharge
3) The net income of 32.1 billion won for the current net income in 2014 is a temporary black person due to the reduction of the amount of 78.4 billion won for the payment guarantee reserve from the debt account, and the operating income is the deficit of △△△ 12.6 billion.
(iv) cash and other cash deposits, bills of exchange, account receivables, accounts receivable, securities, etc. that can be commercialized within one year;
goods, raw materials, etc.
5) credit purchase amount, current bills or other monetary liabilities arising from business transactions, and short-term loans, unpaid costs, allowances, etc. which shall normally be repaid within one year.
6) The current ratio means an index to identify the ability to pay or its credit ability held by an enterprise.
7) The debt ratio is an index to determine the degree of financial soundness of the enterprise through the dependence on other capital.
The Fair Trade Commission has resolved as above.
June 8, 2015
the President of the Republic of Korea and the President of the Republic of Korea
The chief commissioner shall be entitled to file a petition for appeal
The above Won Kim Ho-ho
F. L. L. L. L. L.B.
5 5 5 14
F.C. H. H.R.
The applicant's payment deadline and installment payment;
The amount of installment payment for the installment payment of the penalty surcharge shall be 0.95,000,002 installments on June 1, 2015, 10.95,000,003 installments of October 95, 2005,0003, 10.96,000,004 installments of October 96, 2004,004 installments of 10.96,000,0000 on November 1, 2016, 2005 installments of 10.96,00,000,006 installments of 10.96,96,000,000 on March 10, 2006; and