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TITLE Supreme Court Decision 2011Du7854 Decided January 10, 2013¡¼Claim for Cancellation of Disposition of Correction Order, etc.¡½ [full Text]
Summary
[1] The standards to determine an act of disadvantageous offer which uses a transaction status unfairly and puts the other party at a disadvantage under Article 36(1) [Attached Table 1] 6(d) of the former Enforcement Decree of the Monopoly Regulation and Fair Trade Act
[2] In case where the Fair Trade Commission imposed a correction order and fine under Article 23(1)4 of the Monopoly Regulation and Fair Trade Act where Gap hospital¡¯s selective medical care system used a selective medical care form different from that under statutes such as the Medical Service Act, and patient gave the main medical care doctor a blanket delegation with the power of designating medical care and doctor, the case holding that Gap hospital¡¯s act cannot be seen as deviating from normal transaction practice and harming fair trade
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