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(영문) 서울고등법원 2017.07.14 2016누34112

과징금납부명령취소

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The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts based on which there is no dispute over the details of the relevant disposition (based on recognition), Gap2, and the purport of the whole pleadings;

A. The Plaintiff’s status and the general status of the Plaintiff is a multi-stage sales business operator under Article 2 subparag. 6 of the Door-to-Door Sales Act, who registered multi-stage sales business in order to engage in multi-stage sales business while running a business of selling household goods such as a living club, etc. (hereinafter “Door Sales Act”).

The general status of the plaintiff shall be as follows:

Capital sales (2013) of the type of business of incorporation (2013), the number of regular employees and the number of members of multi-stage sales on June 24, 2008, is 6,493,464 206,771

B. Although the current market conditions of multi-level marketing businesses are major items handled by multi-level marketing business entities, there are many companies that deal with various kinds of products, such as health, cosmetics, communications products, and consumer products, but the companies that deal with communications products tend to concentrate mainly on communications products.

Multi-level marketing companies have continuously increased since 2010 as 67, 70 in 2011, 94 in 2012, and 106 in 2013.

In 2013, 28 companies newly registered multi-level marketing business.

The scale of multi-level marketing market has continuously increased since 2007, and the sales amount in 2013 has increased by 19.9% compared to 3.293.6 billion won in 2012.

As of the end of 2013, the number of registered multi-stage salesmen was 572,00,000 and 4.7 million in 2012, 102,000 (21.8%) or more.

The number of salespersons of top 10 companies accounts for 76.6% of the number of registered salespersons as 4.38 thousand persons.

The number of salespersons who received bonuses in 2013 increased 1257,000 and 1180,000,000 and 75,000 (6.4%) more than 2,000 (6.4%) and the ratio of the number of salespersons who received bonuses among the registered total salespersons has decreased by 22% compared to 2012 (25.2%).

A salesperson who has not received a bonus shall be all the salespersons.