The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Profits of lawsuits related to reduction, exemption or dismissal and whether such actions are illegal;

A. Whether there is a benefit in a lawsuit seeking revocation of the reduction or exemption period of a penalty surcharge separately from the imposition of a penalty surcharge (ground of appeal No. 1) (1) The Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”) provides that the Fair Trade Commission may order the business entity who committed a violation to discontinue the relevant act, to publish the fact that the business entity is ordered to take corrective measures and to take other corrective measures when there is a violation of the prohibition of unfair collaborative acts. In the above case, the main text of Article 22 provides that the Fair Trade Commission may impose a penalty surcharge within the scope not exceeding the amount obtained by multiplying the sales amount determined by the Presidential Decree by

Meanwhile, Article 22-2 of the former Monopoly Regulation and Fair Trade Act (amended by Act No. 14137, Mar. 29, 2016) provides for “reduction, exemption, etc. against a person who has reported a voluntary collaborative act”. Article 22-2 of the former Monopoly Regulation and Fair Trade Act provides that where a business operator who has violated the prohibition provision of an unfair collaborative act files a voluntary declaration of unfair collaborative act or cooperates in an investigation by means of providing evidence, corrective measures or penalty surcharge may be mitigated or exempted, and Article 22-2 of the former Monopoly Regulation and Fair Trade Act

Article 22-2 of the Monopoly Regulation and Fair Trade Act (amended by Presidential Decree No. 27529, Sep. 29, 2016) stipulates the same provision in Paragraph 4. This provision was amended as above, but for convenience, “Article 22-2 of the Fair Trade Act.”