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(영문) 서울고등법원 2017.10.20 2016누47828

시정명령취소

Text

The defendant's decision No. 2016-151 dated June 3, 2016 (attached Form 1), which was issued to the plaintiff, shall be listed in paragraphs 1 and 3 of the corrective order.

Reasons

1. Facts based on which a dispute has not been brought about (applicable for recognition), evidence A (including a provisional number; hereinafter the same shall apply), and the purport of the whole pleadings;

A. The status of the Plaintiffs is a multi-level marketing entity under Article 2 subparag. 6 of the Door-to-Door Sales Act (hereinafter “Door Sales Act”) as a person who sells (including commission and brokerage) mobile devices, mobile communications services, etc. while establishing, managing, and operating a multi-level marketing organization.

The general status of the plaintiff is as follows.

(Standard: 500 56,788 3, 319 142,520 on July 22, 2011, the amount of multi-level marketing salespersons for the net income during the amount of capital stock as of the date of establishment of the year 2014.

B. The current market situation 1) The domestic multi-level marketing business entity set up 419 in 2002 and 112 in 2005 and 62 in 2008, 71, 67 in 2010, 70 in 2011, 94 in 2012, 106 in 2013 and 109 in 2014.

In addition, the sales revenue of multi-level marketing market for the last three years has been continuously increased by three trillion won in 2012, 3.9, 491 won in 2013, and 4, 972 won in 2014.

B) Meanwhile, the total amount of bonuses paid by multi-level marketing entities in 2014 increased by KRW 1.4,62.5 billion compared to KRW 1.2,99 billion in 2013 (13.1%) but the ratio of bonus payment compared to the sales (4.4,97.2 billion) reduced by 0.2% compared to 32.7% in 2013.2) The mobile device distribution structure of mobile devices (2) is a mobile communications service provider (hereinafter referred to as “ mobile communications provider”).

A. There are methods to supply terminal devices purchased from a terminal manufacturer to distributors such as agents and sell them to end-consumers and to supply them to end-consumers or sell them directly to end-consumers, but most of them are made in Korea by electronic means.

At this time, the mobile carrier is a consumer.