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. Legal grounds for the increase of penalty surcharges on the ground of obstruction of investigation (ground of appeal No. 2)

A. Article 55-3(1) of the former Monopoly Regulation and Fair Trade Act (amended by Act No. 14813, Apr. 18, 2017) provides that “The details and degree of a violation, period and frequency of a violation (No. 1), and the size, etc. of profits acquired from a violation (No. 2)” shall be considered when imposing a penalty surcharge, and the criteria for imposing a penalty surcharge under paragraph (5) shall be prescribed by Presidential Decree.

Article 61(1) [Attachment 2] 2 of the former Enforcement Decree of the Monopoly Regulation and Fair Trade Act (amended by Presidential Decree No. 27034, Mar. 8, 2016) provides that “A penalty surcharge shall be calculated in consideration of the grounds for and influence of the subparagraphs of Article 55-3(1) of the Act, on the basis of the types of violations, after adjustment according to the period, frequency, etc. of violations, and on the basis of the type of violations, a penalty surcharge shall be calculated after adjustment according to the intention, negligence, etc. of the violator.” The following (c) provides that “The penalty surcharge shall be adjusted in accordance with the standards determined and publicly announced by the Fair Trade Commission within 50/100 of the adjusted calculation standards, in consideration of the intention or negligence of the violator enterpriser affecting the matters falling under each subparagraph of Article 55-3(1) of the Act, nature and circumstance of the violation, etc.” In addition to the matters prescribed in subparagraph 3 of the Enforcement Decree, the Fair Trade Commission shall determine and publicly notify the detailed criteria necessary for imposition of the penalty surcharge.

According to the language and text, contents, and system of these statutes, the Fair Trade Act shall calculate penalty surcharges.