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TITLE Supreme Court Decision 2018Du63563 Decided December 12, 2019 【Claim for Revocation of Disposition Imposing Enforcement Fines】 [full Text]
Summary
[1] Whether enforcement fines may be imposed on a person failing to take corrective measures under Article 16 of the Monopoly Regulation and Fair Trade Act pursuant to Article 17-3 of the said Act (affirmative) and whether enforcement fines are likewise charged in a case where corrective measures pertain to a duty of nonfeasance pursuant to Article 16(1)7 of the said Act (affirmative)
In a case where either corrective measures have been implemented or the noncompliance with corrective measures that pertain to a duty of nonfeasance has been suspended, whether enforcement fines can be imposed for the period during which the previous noncompliance with corrective measures occurred (affirmative)
[2] In the event of a corporate merger, whether the acquired company’s rights and obligations are transferred in their entirety to the surviving company of a merger (affirmative in principle)
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