TITLE	Supreme Court Decision 2016Du40207 Decided April 24, 2018 ¡¼Revocation of Disposition Imposing Penalty Surcharges¡½ [full Text]
Summary
[1] In a case where a penalty surcharge is imposed for illegal cartel conduct, bid rigging and other similar activities, the upper ceiling of a penalty surcharge and the basic criteria for the calculation of penalty surcharges Whether the upper ceiling and the basic criteria for the calculation of a penalty surcharge are applicable to a business entity that participated in the bid rigging to pre-determine a winning bidder or an expected winning bidder, but ended up not winning the bid (affirmative) [2] Method of determining the gravity of violations of illegal cartel conduct [3] Whether the Fair Trade Commission¡¯s disposition of imposing a penalty surcharge on violators of the Monopoly Regulation and Fair Trade Act constitutes a discretionary act (affirmative), and a case where the exercise of discretion is deemed a deviation from and misuse of discretion, and thus, is unlawful

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