All
| TITLE | [Revocation of Disposition of Correction Order, etc.]Supreme Court Decision 2001Du2935 Delivered on October 14, 2004 [full Text] |
|---|---|
| Summary | |
| [1] The meaning of ""an improper act of monetary assistance"" under Article 36 (1) [Table] Item 10 (A) of the Enforcement Decree of the former Monopoly Regulation and Fair Trade Act and the meaning of the normal interest rate as a criterion of determining whether a huge disparity exists between the payment and its return payment [2] The standards for determining whether an act of assistance of an assisting entity for an entity to be assisted is improper as an act of improper assistance under Article 23 (1) 7 of the former Monopoly Regulation and Fair Trade Act [3] Whether impropriety or infringement upon a fair trade practice as elements for establishing an improper act of assistance can be negated just because an act of assistance showed business necessity or reasonableness or necessity for the transaction (negative) [4] In case where an assisting entity and an entity to be assisted conducted a transaction through the third party intermediary as a means of avoiding the appearance of direct and actual goods transaction, and as a result of such transaction, economic benefits ultimately belong to the entity to be assisted, whether such transaction constitutes an act of monetary assistance (affirmative) [5] The elements of goods/service supply or transaction because of which it can be subject to regulation against an act of improper assistance | |
