1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Basic Facts

The Plaintiff’s status is the Plaintiff’s trade association established on November 1, 1980 by certified architects conducting construction business in the border area of the border area with the aim of increasing their common interests, and constitutes a trade association under Article 2 subparag. 4 of the Monopoly Regulation and Fair Trade Act (amended by Act No. 14137, Apr. 18, 2017; hereinafter “Fair Trade Act”).

Market structure and actual conditions may be provided by acquiring an architect qualification through a qualifying examination under the Certified Architects Act, establishing an architect office and reporting it to the Minister of Land, Transport and Maritime Affairs.

A certified architect is engaged in design business, such as planning, construction design and post-design management at the construction site, and supervision is mainly conducted by a specialized construction-supervising firm or a certified architect according to the scale of the construction work, such as construction cost and number of households.

As of the end of 2016, there are 12 certified architects in the literacy area, and among them, there are 11 certified architects who belong to the plaintiff, and 91.7% of all certified architects in the border area.

On February 24, 2012, the Plaintiff’s act construction supervision management council (hereinafter referred to as the “Gyeongbuk-do Construction supervision council”) restricted the number of new supervision services rendered by the relevant member company when the performance results of supervision services rendered by the member company reach a maximum of 20,000 won (hereinafter referred to as “the total amount of supervision services received”). Since then, the Plaintiff demanded to lower the maximum amount of local construction society, and each local construction society voluntarily determines whether to implement the supervision services received on May 8, 2012.

If a project owner (designer) requests the project owner to select a supervisor in detail, the total amount of supervision services awarded shall be selected from the project owner to the project owner.