불공정거래행위에 관한 대법원 판결 분석(2010) -거래상 지위남용 사건을 중심으로-

There were two Supreme Court cases about unfair business practices in Monopoly Regulation Act in 2010. In Samsung Fire(Samsung Fire & Marine Insurance Co.) case, Supreme Court found that Samsung Fire had the superior position to the victims by car accidents, who have the direct right to demand compensations based on article 724 in Commerce Act, and Samsung Fire’s practice, neglecting the liability for reparations to victims, belonged to the unfair use of its superior position. Also Supreme Court saw that deal as the prerequisite of suprior position means a general dealing relations beyond the concrete contracts. But such Supreme Court’s opinions leave room for questions, since the abusing superior positions as unfair business practices premise the specific dealing relations. In Dongyang Electric case, Zarlink had broken off the supply of semiconductor goods to Dongyang Electric in 2007. Supreme Court denied the illegality of such a refusal of Zarlink, Since it didn’t have an intent to exclude Bumyang from the relevant market. But there wasn’t any enough review about what Zarlink’s concrete intent to refuse had been.