1. The Ministry of Land, Infrastructure and Transport announced on December 30, 2016 of the Guidelines for the Selection of Housing Management Operator and Business Operators publicly by the Defendant, announced on December 30, 2016.

Facts of recognition

The plaintiff is a company that runs the business of painting, beautying, waterproofing, cooking, maintaining and managing facilities, etc. for multi-family housing.

The Fair Trade Commission imposed corrective measures and penalty surcharges on the Plaintiff on January 10, 2018 on the ground that the Plaintiff violated Article 19(1)8 of the Monopoly Regulation and Fair Trade Act (hereinafter referred to as the “Fair Trade Act”) by combining the Plaintiff with other companies in the construction works for maintaining and repairing defects, such as re-design of apartments and waterproof construction works, on the ground that the Plaintiff violated Article 19(1)8 of the Monopoly Regulation and Fair Trade Act.

The Defect Maintenance and Repair Corporation shall, in general, be done through the following procedures:

Article 1 (Purpose) The purpose of these Guidelines is to provide for matters concerning the selection of housing management operators under Article 5 (2) 1 of the Enforcement Decree of the Multi-Family Housing Management Act (hereinafter referred to as the "Decree"), the selection of business operators under Article 25, and the matters delegated by electronic tendering methods under Article 5 (1) and matters necessary for the enforcement thereof.

Article 2 (Scope of Application) (1) This Guidelines shall apply to multi-family housing subject to compulsory management under Article 2 of the Decree in any of the following cases:

1. Where the council of occupants' representatives selects a housing management operator pursuant to Article 5 (2) 1 of the Decree;

(2) Where a business operator is selected pursuant to paragraph (1) 2 during the management period of a business operator under Article 11 (1) of the Multi-Family Housing Management Act (hereinafter referred to as the "Act"), the functions of the council of occupants' representatives prescribed in the guidelines shall apply to the selection of a business operator on behalf of the business operator.

Article 4 (Methods of Tender) (1) When selecting a housing management operator and a business operator pursuant to Article 2, a competitive tender shall be conducted.

Article 5 (Establishment of Tenders) (1) General competitive bidding and designated competitive bidding shall be constituted by two or more effective bids, and limited competitive bidding shall be constituted by three or more effective bids.