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(영문) 서울고등법원 2019.07.17 2018누71658
시정명령및과징금납부명령취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The reason for the disposition is that the Plaintiff supplied goods used by consumers to the suppliers and sold at stores, such as department stores, large-scale discount stores, and supermarkets, and the Plaintiff is the “large-Scale Distribution Business” under Article 2 subparag. 1(a) of the Fair Transactions in Large-Scale Distribution Business Act (hereinafter “Large-Scale Distribution Business Act”).

The same large franchise and retail business operator as the plaintiff shall rearrange the inside and outside space of the store or change facilities in response to consumer consumption tendency, changes in the surrounding environment of the store, etc.

In ordinary, this is called the “Newice”.

On October 10, 2018, the Defendant issued a corrective order, notification, and penalty surcharge payment order (hereinafter collectively referred to as “instant disposition”) to the Plaintiff, as shown in the attached list, for the following reasons.

From January 2015 to August 2016, the Plaintiff violated Article 12(1) of the Large Franchise and Retail Business Act and Article 10(1) of the Enforcement Decree of the Large-Scale Distribution Business Act by using 20 stores, including Gyeyang stores, without concluding a prior written agreement necessary for temporary use of 906 employees of 118 suppliers at the Plaintiff’s request, in order to display goods in a new space after the new construction.

[Reasons for Recognition] No. 1, entry of Gap's evidence and the purport of whole pleadings

2. Whether the instant disposition is lawful

A. The provisions of the proviso of Article 12(1) of the Act on the Large-Scale Distribution Business, which provides that large franchise and retail business operators are limited to “sales and management of goods supplied by suppliers, etc.” and do not stipulate that a written arrangement should be concluded for the purpose of dispatching employees.

New Dailys are generated from time to time annually.

The supplier known to this shall include the re-explation of goods after the Liby Construction.

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