시정명령취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
On March 3, 2014, the Defendant claimed the claim against the Plaintiff.
Details of the disposition
The plaintiff is a company that sells commodities such as commercial aid, family events, travel, fishery training, etc., and completed door-to-door sales registration under sponsorship under Article 2 (7) of the Door-to-Door Sales Act (hereinafter "Door-to-Door Sales Act").
On March 3, 2014, the Defendant deemed that the following acts of the Plaintiff violate Article 13(1) and Article 22(1) of the Door-to-Door Sales Act, and Article 29 of the Enforcement Decree of the Door-to-Door Sales Act, and disposed of the Plaintiff on March 3, 201.
(2) Article 13(1) of the Door-to-Door Sales Act provides that a multi-level marketing organization shall be established, managed, and operated by a multi-level marketing business entity, and there is no registration of multi-level marketing business with the Daejeon Metropolitan City Mayor having jurisdiction over the location of his principal office.
② Article 22 (1) of the Door-to-Door Sales Act and Article 29 of the Enforcement Decree of the same Act are violated to impose a burden exceeding KRW 50,000 per annum on the condition that the payment criteria for bonuses in favor of the Plaintiff’s salesperson should be applied.
[Reasons for Recognition] No dispute exists, Gap evidence Nos. 1-1, 2, and Eul No. 6, and the purport of the whole argument as to whether the disposition of this case is legitimate or not, the plaintiff's business structure of the plaintiff's assertion does not constitute multi-level marketing
Inasmuch as the Plaintiff’s head and team leader lack of the three-stage requirements are not engaged in sales activities, they are not qualified as salespersons. The designer, tenant head and branch head are only paid allowances according to their performance, and they are not a structure that receives bonuses based on other salespersons’ performance or allowances based on other salespersons’ education and management. Thus, the Plaintiff is only equipped with the first-stage and second-stage sales organization.