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(영문) 서울행정법원 2017.06.15 2016구합81970

시정명령 취소청구

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On May 6, 2011, the Plaintiff obtained approval from the Defendant for a general program providing business for three years in accordance with Article 9(5) of the Broadcasting Act.

On November 24, 2014, before the term of validity of the initial approval expires, the Plaintiff received the renewal of the business from the Defendant pursuant to Article 17(2) of the Broadcasting Act. The conditions for renewal granted by the Defendant at the time of the renewal are as follows.

(hereinafter “Conditions for Approval of this case”) . 1. Faithful implementation of a business plan; and where he/she intends to modify major contents of a business plan due to unavoidable reasons, he/she shall obtain approval from the defendant.

2. It shall prepare a scheme for securing public responsibilities and fairness of broadcasting, such as the establishment and operation of internal pre- and post-verification monitoring systems, and submit its operational performance to the defendant within two months from the date of re-approval resolution, and submit its operational performance to the defendant within one month from the date of every half-year period (6. 30 days, December 31);

3. The business plan shall faithfully observe the annual content investment plan presented in the business plan and submit the performance record of the preceding year to the defendant by the end of January each year;

4. The business plan shall faithfully observe the re-resolution rate presented in the business plan and submit the performance record for the preceding year to the defendant by the end of January each year;

5. Externally produced broadcast programs shall be programmed at least 35 percent of the total broadcasting hours of the relevant channel for every half year, and shall submit the performance record to the defendant by the end of January of each year.

6. If the defendant intends to inspect the actual performance of the project plan, he/she shall actively cooperate in necessary matters, such as submission of data;

B. At the time of the application for renewal, the Plaintiff presented the content investment plan and the reconcilation ratio as follows in the business plan submitted to the Defendant at the time of the application for renewal (hereinafter “instant business plan”).

In fact, the content investment plan plan is actual business plan of 4.9 billion won in December 2014, KRW 3.99 billion in total, KRW 45.6% in KRW 5.6% in KRW 5.9 billion in KRW 63.29 billion in 2015, KRW 49.95 billion in KRW 49.5% in KRW 5.0% in total.