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(영문) 서울행정법원 2017.09.14 2016구합79373
과징금 및 시정명령 취소의 소
Text

Of the instant lawsuit, the Defendant’s “performance of capital” and “payment of capital” against the Plaintiff on September 13, 2016 are possessed and possessed in cash.

Reasons

1. Details and details of the disposition;

A. The Plaintiff is a terrestrial broadcasting business entity that obtained permission for a broadcasting station under Article 9(1) of the former Broadcasting Act (Amended by Act No. 11710, Mar. 23, 2013).

B. Around November 2013, the Plaintiff was subject to a renewed license of terrestrial broadcasting business by the Defendant.

On December 9, 2013, the Defendant suspended the Plaintiff’s renewed permission that was lower than 650 points, the base date for renewed permission, and requested the Plaintiff to submit data such as a management improvement plan, emergency measures, and a detailed implementation plan for financial structure improvement including capital increase until December 20, 2013.

C. On December 20, 2013, the Plaintiff submitted to the Defendant a plan for improving the financial structure and a plan for implementing capital increase.

According to this, “the Plaintiff shall secure liquidity through capital increase of KRW 5 billion during the first half of 2014, and shall maintain cash liquidity of KRW 8.7 billion as of the end of 2014 after 2015,” and “the cost of producing the program in 2014 shall be invested at the level of 2013 (31.1 billion) and the cost of producing the program in 2015 shall be calculated on the basis of “the annual average of KRW 8.8%”.

On December 27, 2013, the defendant faithfully implements the plan for the increase of capital for the first half of 2014 among the improvement plan for the financial structure submitted by the plaintiff, and submitted the performance to the defendant within one month after the completion of the capital increase, ② the cash holding amount from 2015 to the end of 2014, ② the cash holding amount shall be at least KRW 8.7 billion, and the performance amount shall be submitted to the defendant within one month after the end of each half year, ③ the production and investment amount of broadcast program in 2013, ③ the production and investment amount of broadcast program shall be at least KRW 31.1 billion and shall be verified by the accounting firm and submitted to the defendant within one month after the settlement of accounts each year.

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