판례평석: 대법원 판결에 사용된 용어와 표현의 무게 -대법원 2021. 6. 30. 선고 2018두37700 판결

The decision discussed in this paper (Supreme Court 2018Du37700 rendered on June 30, 2021 is a rare Supreme Court judgment on abuse of dominance case. And it is the most prominent competition law decision rendered in 2021, and its conclusion leaves a significant precedent that attracted distinguished attention from academia and antitrust lawyers. Therefore, this decision is very important to analyze as it contains various legal principles from the very essence of competition law to details and terms and expressions based on it. While the Supreme Court's four-year agony is understandable, it is also meaningful to examine the logic used in its reasoning and whether the accompanying terms and expressions were appropriate, expecting a more sophisticated rationale in the Supreme Court ruling in the future. After careful examination, some of the terms, expressions, and logic used in the decision turn out not to conform to the legal principle of competition law or to be difficult to accept logically. The terms and expressions used in Supreme Court decisions and their logic can be as grave and meaningful as the conclusion in some cases, and in some cases, they can have more significance than the conclusion itself. In this respect, the Supreme Court decision is distinguished from the lower courts, which often only address individual disputes. As the highest court, the Supreme Court has an obligation to present terms, expressions and logic in a consistent and persuasive manner in delivering the arguments supporting the conclusion and the jurisprudence contained therein. We expect the Supreme Court to offer good reasons that will be highly appreciated as much as to draw sound conclusions.