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(영문) 서울고등법원 2020.08.27 2020누37644
열람ㆍ복사 거부처분 취소 청구의 소
Text

1. Of the instant lawsuits, part of the claim seeking revocation of rejection disposition against perusal and reproduction of the materials listed in the table 3 and 4 attached hereto.

Reasons

1. Details of the disposition;

A. The Plaintiff (a) engaged in a business with the trade name “B” and changed the trade name to “A” corporation on January 2, 2020) constitutes a person engaged in manufacturing and selling petrochemicals, who is a business entity as prescribed by Article 2 subparag. 1 of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”).

B. On March 20, 2018, the Defendant’s examiner recognized the case on the Plaintiff’s unfair support, etc. as ex officio, and followed the procedures for the on-site investigation, written investigation, statement investigation, etc. from March 20, 2018 to October 30, 2019, and subsequently, on November 2019, it is reasonable to take measures such as the Plaintiff’s violation of Article 23(1)7 of the Fair Trade Act, and the corrective order and penalty surcharge imposition, etc. (hereinafter “case number: 2019 Support2745”) as to the Plaintiff’s unfair support, etc., and submitted it to the Defendant’s plenary session.

C. Although the Defendant’s examiner conducted seven competitive business entities’ investigation to calculate the Plaintiff’s “normal price” of the Plaintiff’s tank glass logistics transaction, the Defendant’s examiner did not include the materials on the attached Table 1 (hereinafter “non-disclosure materials”) of the total seven transport unit materials of the four companies listed in the attached Table 1 among the total seven transport unit materials.

On February 4, 2020, the Plaintiff filed an application for perusal and reproduction of the instant non-disclosure data with the Defendant pursuant to Article 52-2 of the Fair Trade Act and Article 29-2 of the former Rules on the Operation of and Case Procedure for the Fair Trade Commission Meetings (amended by the Fair Trade Commission Notice No. 2020-10, Jul. 29, 2020; hereinafter “Rules of Procedure”).

E. As to this, on February 26, 2020, the Defendant decided not to allow perusal and reproduction of non-disclosure data of this case to the Plaintiff pursuant to Article 52-2 of the Fair Trade Act and Articles 29 and 29-2 of the Rules of the Procedure of this case.

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