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(영문) 서울고등법원 2016.06.17 2015누42529
시정명령등취소
Text

The Defendant’s disposition of imposition of penalty surcharge stated in attached Form 1 against the Plaintiff on April 8, 2015 shall be revoked.

The plaintiff.

Reasons

1. The fact that there is no dispute over the facts and circumstances leading to the disposition (based on recognition), Gap 1-4, Eul 2-4, and the purport of the whole pleadings;

A. The Plaintiff’s status and the Plaintiff Company D (hereinafter “stock company”) are omitted, and the said two business entities are those manufacturing powders, as prescribed by Article 2 subparag. 1 of the former Monopoly Regulation and Fair Trade Act (amended by Act No. 11406, Mar. 21, 2012; hereinafter “Fair Trade Act”).

(b) Industrial powders market (1) Industrial powders open shall be classified into high body and liquid explosive substance or explosive compound substance with which the total amount can easily be burned or explosiond upon heat or shock, and powders, explosives, and chemical agents pursuant to Article 2(3) of the Control of Firearms, Swords, Explosives, etc. Act.

The term "industrial powders" means explosives and fire-processed articles excluding powders among these classifications.

Explosives are classified into various kinds of explosives, mar explosives, mar explosives, mar-ray precision explosives, mar-vibration powder, primary oil powder (NFO) explosives according to explosion and use, and fire-processed articles are classified into electric detonating caps, non-electric detonating caps and powder powder according to the method of explosion and production.

(2) The current domestic industrial powders industry was started in 1952 when acquiring and operating the Incheon Powders Factory.

Since then, the plaintiff entered the industrial powder market in 1993, the plaintiff and D's laps began. Since 2002, E (hereinafter referred to as "E") newly entered the industrial powders market and changed the competition level of the industrial powders market.

However, E was acquired on December 31, 2006 by the Plaintiff, and the domestic industrial powders market has been restored to the ductal of the Plaintiff and D, so far.

Industrial powders are mainly supplied to the government SOC investment and private construction projects, and the demand source is limited, and they are strict in all processes of manufacture, distribution, storage and use due to the characteristics of the product.

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