EBS Korea Co., Ltd.

Prosecutor

Seoul Central District Court Order 2017Na55478 dated January 12, 2018

The appeal of this case is dismissed.

The reasoning for the court’s explanation on the instant case is as stated in the reasoning for the first instance court’s decision, except for adding the following judgments, and therefore, the part of the reasoning for the first instance court’s decision pursuant to Article 23 of the Non-Contentious Case Litigation Procedure Act, Article 40 of the Act on the Regulation of Violations of Public Order, Article 443(1) and the main text of

Article 12(2) of the Act on the Regulation of Violations of Public Order also constitutes a violation of the Publishing Industry Promotion Act if a person without status participates in a violation of public order committed by a person without status (see, e.g., Article 12(2)). Therefore, even if the violator is merely a sales broker, if he participated in the violation of the said Act, the seller of the publication in question constitutes a violation of the said Act. However, the seller of the publication of this case only sold or regularly sold the relevant books at a fixed price of 10% discount from the fixed price, and granted benefits such as discount coupons and payment of reserve funds to the violator, and there is no evidence to deem that the violator transferred the economic burden on the said benefit to the seller. Therefore, there is no violation of the said Act. Therefore

Since the decision of the first instance is justifiable, the creditor's appeal is dismissed as it is without merit.

Judges Park Tae-ok (Presiding Judge)