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(영문) 서울고등법원 2017.10.11 2016누81255

이행강제금 부과처분 취소 청구의 소

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1. The charges for compelling the performance indicated in attached Form 1, which the Defendant rendered against the Plaintiff by the plenary session Resolution No. 2016-317, November 21, 2016.

Reasons

Basic Facts

The Plaintiff’s status and the general status of the Plaintiff before the taking-off of the lawsuit are those engaging in CATV broadcasting business in the area of Gyeongbuk-do, Young-gun, Ulsan-gun, Ulsan-gun, and Ulsan-gun, etc. (hereinafter “area of port, etc.”) (hereinafter “area of port, etc.”) which is the Plaintiff prior to the taking-off of the lawsuit, and constitutes a business operator as prescribed by Article 2 subparag. 1 of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”).

The general status of modern Eschina Inter-Korean Broadcasting is as follows.

(As of the end of 2015, unit: 45,5239,7637,3916,542 paid-pay market structure and actual condition of the total amount of total assets is a service providing a number of channels in return for payment to subscribers, including CATV broadcasting, satellite broadcasting, Internet multimedia broadcasting (hereinafter referred to as "IPTV") in the amount of total assets.

Pay broadcasts are subject to various regulations in the entry-owned business activities as a representative regulatory industry.

In 2011, the paid-charging broadcasting companies engaged in total of 6 pay-charging broadcasting companies, such as Hyundai Ecencencencencencencencencencencencencencencencencencencencencencencencencencencencencencencencencencenc

In particular, Hyundai Escencenary Broadcasting and Korean Cable Telecommunication Port Broadcasting, a CATV broadcasting business operator, are competing among the regions such as the port and port areas. However, as of the end of 2011, the Korean Cable Telecommunication Port Broadcasting was the first business operator with the market share of 48.1%, and modern Escencenary Broadcasting was the second business operator with the market share of 35.6%.

However, on December 27, 2011, the Plaintiff, the parent company of Hyundai Echina Broadcasting, is a multiple CATV broadcasting business operator, and eight of the entire nation as of the end of 2011.