시정명령 취소청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts recognized;
A. The Plaintiff’s status, etc. 1) The Plaintiff, a business operator engaged in manufacturing and wholesale business, multi-level marketing business, etc. of functional health foods, is subject to the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act
(1) The Plaintiff’s general status is as stipulated in Article 2 subparag. 1. The Plaintiff’s general status is as follows. (As of December 31, 2012, the base date, unit: KRW 2189,344,5376, Jun. 1, 198, the date of establishment of the number of regular employees for the net income for the current term of capital sales, 2189,3445, and 376, June 12, 198) The Plaintiff sells more than 1,00 products from
From 2008 to 2012, the current status of sales by group of products of the plaintiff shall be as follows:
(Unit: Functional health foods/general food 2,720 3,14 3,409 4,124,170 cosmetics 926 943 1,126 1,319 1,400 cosmetics 700 763 863 925 925 925 977 46948489 562 decided 8572 decided on 2010, 2010, 201
B. In this case, the Plaintiff’s act is related to multi-level marketing, and thus, the multi-level marketing market is first reported, and the health functional food market is the main product sold by the Plaintiff.
1) The market size and the number of multi-level marketing enterprises in Korea with a structure has been significantly decreased from 12 in 2005 to 66 in 2008, and thereafter, the number of multi-level marketing enterprises in Korea maintained a certain level at 71 in 2009 and 70 in 2011.
This is because the revision of the Door-to-Door Sales Act in 2002(the Door-to-Door Sales Act) has strengthened the regulation on the multi-level marketing market, and the market order has been improved due to the withdrawal of unsound business operators.
The revision of the Door-to-Door Sales Act in 2012 requires multi-level marketing to be alleviated. ① The requirements for multi-level marketing are recruited by solicitation, ② the recruitment phase of not less than three stages, ③ the payment of bonuses, ④ the consumer's sales volume.