과징금부과처분취소청구
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Details of the disposition;
A. On March 30, 2011, Plaintiff Shipbuilding Broadcasting Co., Ltd. (hereinafter “Plaintiff Shipbuilding”) and Plaintiff TBC Co., Ltd. (hereinafter “Plaintiff TBC”) obtained approval from the Defendant for a general program use of broadcasting channels for three years from April 20, 201 in accordance with Article 9(5) of the former Broadcasting Act (amended by Act No. 11710, Mar. 23, 2013).
On March 19, 2014, prior to the expiration of the initial term of validity of approval, the Plaintiffs received approval of the said business pursuant to Article 17(2) of the former Broadcasting Act (amended by Act No. 14839, Jul. 26, 2017; hereinafter “Broadcast Act”) from the Defendant. The main parts of the terms of renewed approval granted by the Defendant at the time of the renewal are as follows.
1. To faithfully implement the business plan and obtain approval from the defendant where he/she intends to modify major contents of the business plan due to unavoidable grounds;
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 person shall faithfully observe the ratio of re-protection presented in the business plan and submit the performance record for the preceding year to the defendant by the end of January 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. (1) The Plaintiff Chosun Broadcasting indicated KRW 48,312,00,000 in the business plan submitted to the Defendant at the time of applying for renewal of approval, which was submitted to the Defendant in 2014, but the amount of content investment in the year 2014 was KRW 45,964,00,000 in the actual amount of content investment in the Plaintiff Chosun Broadcasting (95.1%).
Accordingly, the defendant on July 30, 2015, based on Article 99, Paragraph 1, Item 2 of the Broadcasting Act to the plaintiff Joseon Broadcasting, and the "Plaintiff Chosun Broadcasting" was presented in the business plan submitted at the time of applying for renewal of approval.