[단독] ALE negotiations are underway … Kim, Sang-Joo braking according to the method of execution

Entry 2018.11.28 15:30

FTC "Hyundai Mobis, forced to buy parts from dealers"
Prosecutors reject … "FTC, critic Muryeo Doo" criticizes

It was confirmed that the prosecution had been indicted in a case in which the Fair Trade Commission had brought criminal charges against Hyundai Mobis and former executives for what it was. it was agreed to call the "iterative sale". Kim Sang-Joo, chairman of the Fair Trade Commission, said earlier this year that if the company violated the fair trade law, it would file a lawsuit against leaders and other leaders, in addition to enterprises.

The Hyundai Mobis case was the first charge after President Kim Sang-Joo announced his intention to withdraw criminal charges against individuals. The business world is attentive to the fact that the law on the application of the law "Kim Sang-jos" has been banned by the public prosecutor. In the business community and suburbs of the city of Sejong, critics say the FTC leaders are trying to impose Kim's policies on them.

According to a number of finance and legal staff members of the Ministry of Finance and Economy on the 28th, the Seoul Central District Attorney's Office opened an investigation into the company Hyundai Mobis, full-time representative director and Spare Parts Sales Manager in February, has recently been fired without charge. The fair trade investigation department reportedly informed Hyundai Mobis of the decision late last week.

Hyundai Mobis said: "The FTC has already taken steps to address the problem and will strive to establish a win-win cooperation with dealers and a more transparent trading system (apart from the no-charge provision). ). "

The FTC announced that MOBIS will allocate fixed-cost auto parts to its parts dealers via "sellers at 23" from 2010 to 2013, on behalf of "random sales" and "." All former executives and Former leaders of Hyundai Mobis have been charged with criminal prosecution.

The FTC said Hyundai Mobis had been forced to buy parts from dealers using its top position in the deal, which holds the exclusive rights to supply parts. In the press release issued at the time, the FTC said: "Every year, after setting an excessive sales target for each auto parts company in Korea (Hyundai Mobis)," We have were forced to buy auto parts for parts distributors who were not willing to buy parts by name. "" This action is based on the fact that the head office (Hyundai Mobis), which occupies a dominant position in the market, has detected an act of pushing its dealers to reach their sales targets. "

However, the prosecution rendered a different judgment from that of the FTC. The FTC concluded that Hyundai Mobis' sales activities were forced to purchase auto parts for agents who did not intend to buy it, but the Crown could not conclude that the Crown could conclude that " It seems to have concluded.The lawyer interpreted this decision as the main reason for the rejection of the fact that the apparently compulsive character had not been confirmed when buying the dealers' parts.

Inside and outside the legal profession, it is considered that the FTC's suit against Hyundai Mobis has been irreversible from the beginning. Hyundai Mobis has applied for a consent decree since the start of the FTC's investigation into the sale of extruded parts. The agreement is a system in which the Fair Trade Commission puts an end to business promptly after the opinions of stakeholders have been gathered if the business owner suggests corrective measures, such as the reestablishment of practices. unfair trade and the relief of consumers or counterparties.

Hyundai Mobis will pay damages to dealers ▲ Provides 10 billion KRW of win-win funds and promotes agency support of about 3 billion won each year ▲ Improves computer system between head office and home office # 39; agency ▲ Monitors, supervises and reports sales of consultations And other

Nevertheless, during the consent deliberation process, the FTC refused to implement the review by MOBIS and implemented the case. This is what explains the lack of visibility of Hyundai Mobis. Although the company rejected the voluntary correction of the company and instituted criminal sanctions, the prosecution did not even prosecute because the violation of the law was not clear.

A financial official said: "If a company filed a motion to change its unfair practices, but the FTC refused to do so,.

On January 22, the FTC announced that it would improve the handling of Fair Trade law cases and cancel the criminal prosecution of people who are not only companies, but also leaders in the field of fair trade. violation of the law. The case of Hyundai Mobis is the first case in which a leader such as a former CEO has been indicted according to these guidelines. Since then, the FTC has been involved in unfair internal transactions of Hyosung and LS Group, Doosan Infracore (042670)Including managers and executives of technology acquisition cases by small businesses.