공정거래법 판례 소개 (2016년 선고) - 불공정거래행위 및 기타 사건

Abstract

This thesis aims at introducing Supreme court’s precedents in 2016 which has some issues of competition law including subcontracting law except cartel. The main characteristic point of the precedents is to maintain the prior stance. Strict standard toward unfair support act and calculating standard in total amount of relating sales in rebate case is maintained. We can find precedent's attitude toward notice in FTC which denies the charater of regulation in Mass Mart Notice case. Also the precedent accept the damages from the point of rational causal relationship which is sued by credit card receipt retrieving service provider against 1st service demander VAN and 2nd service demander credit card company who were in charge of cartel. There were cases of important issue in legal translation. First is whether undertakings are able to make a sue against reduction dismissal in FTC. Verdicts in high court is separated. Supreme court accept the ability to sue the disposal considering the whole anti-trust legal system and real practice in FTC. Second is whether FTC's payments order in subcontracting law is illegal or not. This has something with constitutional issue related right to a trial. The precedent denied the possibility of FTC's order from the point of legal translation in choosing difficulty of the appropriate subcontract price while accepting the constitutionality.