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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the dismissal of the parts described in paragraph (2) below, and thus, the judgment of the court of first instance is cited in accordance with Article 8(2) of the Administrative Litigation Act
2. On the 4th page 10 of the judgment of the court of first instance, the phrase “other than effective” has been written as follows.
(7) Article 100(1)4 of the Broadcasting Act provides that "the principle" is one of the sanctions that the Korea Communications Commission may order a broadcasting business operator to take. According to paragraph (2), where sanctions under paragraph (1) are taken due to a contributor of the relevant broadcast program, the relevant broadcasting business operator shall take appropriate measures, such as warning and restriction on contribution, etc. against the broadcasting contributor. According to paragraph (5), when issuing a sanction order, the Korea Communications Commission shall give the person who is dissatisfied with the sanction order or his/her agent an opportunity to state his/her opinion in advance. According to paragraph (6) of the same Article, a person dissatisfied with the sanction order may file a petition for reexamination with the Korea Communications Commission. Article 106(2)2 of the Broadcasting Act provides criminal punishment against a person who fails to comply with the sanction order issued by the Korea Communications Commission under Article 100(1)4 of the Broadcasting Act. As such, the term "the principle" under Article 100(1)4 of the Broadcasting Act differs from the principle of administrative litigation under Article 100(1)4 of the Broadcasting Act.
3. Thus, the lawsuit of this case is unlawful and thus it shall be dismissed. The judgment of the court of first instance is just and it is dismissed as the plaintiff's appeal of this case is without merit.