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의결 제2000-158호의 신문공표명령에 대한 에쓰-오일(주)의 변경신청에 대한 건
2000-12-29 | 의결2000-185 | 2000공동1518 | 기타
Representative Measure Type

Other

Resolution Number

Resolution 200-185

Case Number

200 Joint1518

case name

case of an application for change of E-M (State) against an order to publish newspapers under section 2000-158 of Resolution 200-158

Date of Resolution

December 30, 200

Attachment Files

Publication Resolution (Trial).hwp

Written Decision of Publication (Trial).pdf

Applicant

Em-Mymar Co.

Yeongdeungpo-gu Seoul Metropolitan Government 23-2 Instigation of the representative director Kim, Bag-dong, Yeongdeungpo-gu

Text

2. Order 2. Amendment to an order to publish the fact of violation of the law by the plenary session resolution of the Fair Trade Commission (No. 2000-158, Oct. 17, 2000), as follows:

- - Sound

Pursuant to joint signature, the core S rink Co., Ltd., Lkk-Tex Oil Co., Ltd., Hyundai oil Co., Ltd., and the Incheon oil Co., Ltd. shall publish in two central daily newspapers the size of 37cm x 2 times every day except Saturdays, Sundays, holidays, and mar-Mil Co., Ltd., in two central daily newspapers x 5 x 12cm in size each one above excluding Saturdays, Sundays, holidays, and holidays, and announce that he/she violated the laws governing the Monopoly Regulation and Fair Trade Act by conducting the acts under the above 1.m. on every ordinary daily day except Saturdays, Sundays, and holidays, within 30 days from the date on which he/she receives this corrective order: Provided, That the scope, publication date, text, and active size of a daily newspaper related to publication shall be those subject to prior consultation with the Fair Trade Commission.

Reasons

1. Basic facts

(a) The Fair Trade Commission, the applicant and the KSK, the ELVT, and the modern company;

In relation to the act of collusion for purchasing military oil in 1998, 1999, and 2000, the oil refining company and Incheon oil company ordered the above five static oil to suspend the act as prescribed by the Fair Trade Commission's decision No. 2000-158 (hereinafter referred to as "original adjudication") and to publicly announce the violation of the law in addition to the suspension order of the act and the payment order of the penalty surcharge.

B. The above four identicals, except the applicant, filed an objection against the original adjudication with the Fair Trade Commission, and filed an application for suspension of execution of the order to publish the violation of the law; 2. On December 15, 2000, the Fair Trade Commission rejected the application and suspended the execution of the above order to publish the above order to the Fair Trade Commission until the date on which the written adjudication on the objection case is served.

C. Meanwhile, while filing an objection against the original adjudication, the applicant did not raise an objection against the order to publish the violation of the law among the original adjudication by recognizing the fact of the above collusion, and did not raise an objection against the order to publish the violation of the law among the original adjudication. Accordingly, the applicant is seeking to allow five statics to make a separate publication of the order to publish the joint signature of the violation of the law, and to adjust the size of publication, the number of publication media, and the

2. Determination

It is legally impossible for an applicant to publish an order for publication 2. Disposition 2. of the original adjudication to the effect that the enforcement of the order for publication is suspended with respect to the remaining four identicals except the applicant. In the case of an unfair collaborative act, the publication of violation of the Act is effective by the nature of the act of violation. However, considering that the applicant’s intent to recognize the violation of the Act and to implement the order for publication is legally impossible, it is reasonable to allow the applicant to make the publication by allowing the applicant’s sole publication. In this regard, the size of the publication, the number of printed media, and the number of publication as stipulated in Disposition 2. of the original adjudication decision is based on the jointly signed consent of five enterprisers, and thus, reasonable adjustment corresponding to the sole publication is recognized as necessary.

3. Conclusion

The operation guidelines on the publication of the above facts and the violation of the Act (the example of the Fair Trade Commission on June 13, 2000)

No. 7) 5.a. (4) All of the resolutions as ordered.

The Fair Trade Commission has resolved as above.

December 30, 2000

Vice-President of the Fair Trade Commission, President Kim Byung-il

The above Won Kim Yong-han

on Board the Doctrine

Article 24 of the Constitution

F.C. H. L. L. L.C.

F.C. H. H. H. H. H.

The attached Form shall be attached thereto.

Orders to publicize violations of law by the court below

1. The interested parties shall not engage in any conduct that restricts disputes in the market for purchasing military milk by holding meetings in advance each year in advance, and by failing to comply with the agreement on the bid price of each kind of oil, the bid price of the enterprise scheduled for the successful tender, the bid price of the enterprise scheduled for the successful tender, and the bid price of the desired quantity.

2. The respondent shall, within 30 days from the date of receipt of this corrective order, jointly announce that he/she has violated the Monopoly Regulation and Fair Trade Act by engaging in the conduct referred to in the above 1.30 days in two central daily newspapers, by posting two times in two daily newspapers by the size of 5 x 37 cm in size, excluding Saturdays, Sundays, and holidays: Provided, That the scope of the daily newspapers related to the publication, the number of pages, the size of the designs, and the size of active persons shall be subject to prior consultation with the Fair Trade Commission.