The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined.

1. Whether a measure not to grant reduction or exemption to the Plaintiff is unlawful (ground of appeal No. 1)

A. The Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”) provides that a penalty surcharge may be mitigated or exempted for a person who cooperates in an investigation by means of providing evidence, etc. (Article 22-2(1)2) and that the scope of persons who have been mitigated or exempted and the standard level of mitigation or exemption shall be prescribed by the Presidential Decree.

(2) Article 22-2(4) of the Enforcement Decree of the Monopoly Regulation and Fair Trade Act (hereinafter “Enforcement Decree of the Fair Trade Act”) provides that a person who cooperates in an investigation conducted by the Fair Trade Commission after commencing the investigation shall be the first person who independently provides evidence necessary to prove that the person is an unfair collaborative act; (2) a person who voluntarily reports or cooperates in an investigation before the Fair Trade Commission fails to obtain information on the unfair collaborative act or fails to obtain sufficient evidence necessary to prove the unfair collaborative act; (3) a person who states all facts related to the unfair collaborative act; and (4) a person who cooperates in the investigation in good faith until the completion of the investigation, such as submitting relevant materials, shall be exempted from penalty surcharges

(1) Article 35(1)2(a), (b), 1(a), and (c) of the Act and subordinate statutes provides that “The first person who, after initiating an investigation by the Fair Trade Commission, provided independently evidence necessary to prove that the person was an unfair collaborative act” is eligible for reduction or exemption from the investigative partner, evidence that the Fair Trade Commission failed to obtain information on the unfair collaborative act, or necessary to prove that the person was an unfair collaborative act.