However, regarding the legal application of this case, question remains of whether such
practices that fall under subparagraphs of Paragraph 2, Article 4, also need to satisfy the
conditions of Paragraph 1, Article 4 which stipulates ‘unfair means’ and ‘obvious
compensation’ as conditions. Subparagraphs under Paragraph 2, Article 4 only consider
‘unfair means’. The KFTC’s resolution of this case is based on the Subparagraph 1,
Paragraph 2, Article 4 of the Subcontract Act and does not refer to Paragraph 1, Article 4
which is the provision that stipulates prohibitions in determinating subcontract payment.