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(영문) 서울고등법원 2017.01.18 2015누50353
시정명령등취소
Text

1. Of the dispositions listed in attached Form 1, which the Defendant rendered against the Plaintiff as the plenary session’s resolution No. 2015-193 on June 11, 2015.

Reasons

1. Facts recognized;

A. The Plaintiff’s status is a person who sells goods used by consumers after being supplied by multiple business operators and whose retail sales in the immediately preceding business year amount to at least 1,00 million won. Thus, the Plaintiff is a large franchise and retail business operator under Article 2 subparag. 1 of the Act on Fair Transactions in Large Franchise and Retail Business (hereinafter “Large-Scale Distribution Business Act”), and is a business operator under Article 2 subparag. 1 of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”).

(b) The term “TV home shopping market structure and actual condition 1) Home shopping” means a retail pattern in which information on goods is provided to consumers by means of media, such as cable TV, camera, Internet, etc., and goods are delivered to the places they wished by consumers by means of communications.

In general, home shopping means TV home shopping that sells goods to consumers through broadcasting media.

(B) The home shopping market (hereinafter referred to as the “TV Home shopping”) can only enter a business operator who has obtained business approval from the Ministry of Science, ICT and Future Planning (Article 9(5) of the Broadcasting Act) and is currently exempt from the Plaintiff and the Crogram shopping company (hereinafter referred to as the “stock company” in the company name).

(C) (2) The supplier’s demand for sales and advertising is high, and 2,803 (6.1%) out of 4,239 and 239 are small and medium enterprises, 1,436 (3.9%) and 36 (3.9%) among 4,239 and 2,803 (6.1%) are large enterprises.

Small and medium enterprises wishing to broadcast new shop occupants due to limited broadcasting hours.

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