TITLE	Supreme Court Decision 2021Du35759 Decided November 10, 2022 ¡¼Lawsuit Seeking Revocation of the Disposition Imposing Penalty Surcharge, etc.¡½ [full Text]
Summary
¡¼Main Issues and Holdings¡½ In a case where the subject engaged in fund transactions via a third party to revert unlawful profits to the object, as a result of which profits are substantially accrued to the object, whether the criteria for considering it as the act of ¡°making a transaction to provide undue benefits to the related party or affiliate,¡± which is prohibited under Article 23-2(1)1 of the former Monopoly Regulation and Fair Trade Act, is satisfied (affirmative) Whether a case must satisfy the requirement of ¡°unreasonableness¡± of the profits accrued to the related party or affiliate by an act prescribed in Subparag. 1 to be constituted as the act of providing undue benefits to the related party or affiliate, independent of whether the pertinent case falls under the act prescribed under Subparag. 1 (affirmative), and the method of determining ¡°unreasonableness¡±

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