The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

1.(a)

Article 55-3 (1) and (5) of the Monopoly Regulation and Fair Trade Act (hereinafter referred to as the "Fair Trade Act"), Article 61 (1) [Attachment 2] of the Enforcement Decree of the Fair Trade Act

2.(b)

The former Public Notice of Detailed Criteria, etc. for Imposition of Penalty Surcharges (Amended by Presidential Decree No. 2012-25, Aug. 20, 2012; Presidential Decree No. 2014-7, May 30, 2014; hereinafter referred to as "Public Notice of Penalty Surcharges") based on the former Public Notice of the Fair Trade Commission

IV. 2.b.

(1) Paragraph (1) of the same Article provides that "where the total sum of penalty points exceeds five points after being subject to measures for violation of the Act (including warning or more but excluding the imposition of fines for negligence) on at least three occasions during the past three years, the calculation standards may be aggravated starting from four times as follows." Paragraph (b) of the same Article provides that "if the total sum of penalty points is at least seven points after being subject to measures for violation of the Act at least four times during the past three years, the calculation standards may be aggravated within the extent of 40/100".

Meanwhile, “Public Notice of Penalty Surcharge”

IV. 2.b.

(2) Paragraph (2) provides that, when calculating the frequency of the corrective measures, the cases in which the judgment of invalidation or cancellation of the corrective measures became final and conclusive are excluded.

B. Whether an administrative disposition is unlawful shall be determined based on the law and fact-finding at the time of the administrative disposition. The court may determine the objective facts and determine whether the administrative disposition was unlawful based on such facts, by comprehensively taking into account not only the materials known to the administrative agency at the time of the administrative disposition but all the materials

(see Supreme Court Decision 2009Du11843, Jan. 14, 2010). Meanwhile, if an administrative disposition was issued by an administrative agency but such administrative disposition was subsequently revoked in the administrative litigation proceeding, the administrative disposition becomes retroactively effective at the time of the disposition (see Supreme Court Decision 93Do277, Jun. 25, 1993).