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(영문) 서울행정법원 2018.04.13 2017구합81991
과징금부과처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On May 6, 2011, the Plaintiff obtained approval from the Defendant for a general program providing business for three years pursuant to Article 9(5) of the former Broadcasting Act (Amended by Act No. 11710, Mar. 23, 2013).

On November 24, 2014, prior to the expiration of the term of validity of the initial approval, the Plaintiff received the renewal of the said business pursuant to Article 17(2) of the former Broadcasting Act (amended by Act No. 14839, Jul. 26, 2017; hereinafter the same) from the Defendant. The conditions for renewal granted by the Defendant at the time of the renewal are as follows:

(hereinafter “Conditions for Approval of this case”) . 1. Faithful implementation of a business plan; and where he/she intends to modify major contents of a business plan due to unavoidable reasons, he/she shall obtain approval from the defendant.

2. It shall prepare a scheme for securing public responsibilities and fairness of broadcasting, such as the establishment and operation of internal pre- and post-verification monitoring systems, and submit its operational performance to the defendant within two months from the date of re-approval resolution, and submit its operational performance to the defendant within one month from the date of every half-year period (6. 30 days, December 31);

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 business plan shall faithfully observe the re-resolution rate presented in the business plan and submit the performance record for the preceding year to the defendant by the end of January each year;

5. Externally produced broadcast programs shall be programmed at least 35 percent of the total broadcasting hours of the relevant channel for every half year, and shall submit the performance record to the defendant by the end of January of each year.

6. Where the defendant intends to inspect the actual performance of the project plan, he/she shall actively cooperate with the content investment plan with respect to necessary matters, such as submission of data, etc., for the actual implementation plan of the project plan for the plan for the reconcing ratio of the content investment to KRW 3.9 billion in December 4, 2014, KRW 45.6% 50.9% in total, KRW 63.29 billion in 20 billion in 2015, KRW 49.995 billion in total, KRW 49.5% in total, KRW 5 million in 2015;

B. The plaintiff submitted a business plan to the defendant at the time of the application for renewal of approval.

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