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1. The Defendant’s corrective measures indicated in attached Form 1 that the Plaintiff rendered on November 6, 2017 are revoked.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Details of the disposition;
A. The Plaintiff is a program provider approved by the Minister of Science and ICT to engage in a program providing business engaged in specialized programming for product introduction and sale.
B. The viewers’ media foundation established by the Defendant pursuant to Article 90-2 of the Broadcasting Act, conducted a survey on 774 persons in charge of business operations of the home shopping supplier to investigate the actual condition of supply transactions in the home shopping market from May 9, 2016 to June 31, 2016, and reported the result of the survey to the Defendant around June 2016.
(hereinafter referred to as the “instant survey”)
On November 14, 2016, the Defendant notified the Plaintiff that he/she would conduct fact-finding investigations to verify whether the prohibited acts under the Broadcasting Act were committed against seven TV home shopping merchants in the Republic of Korea (hereinafter “instant fact-finding investigations”), and that on November 14, 2016, from June 201 to October 2016, the Defendant would have conducted fact-finding investigations as to whether the prohibited acts under the Broadcasting Act were committed against the broadcast sales performance of the instant period subject to fact-finding investigation (hereinafter “the instant period subject to fact-finding”), and conducted fact-finding investigations from December 2016 to June 2017, 2016, from December 22, 2016 to December 26, 2016 to March 24, 2017, and on-site investigations on March 30, 2017, respectively.
1. The Plaintiff’s act of charging the cost of prior production of goods owned by the trademark right ① directly operating its brand through a contract with a domestic and foreign famous designer, brand, etc.; ② to provide the supplier with the goods that are produced and sold in the same form as paragraph (1) to the supplier again (hereinafter referred to as the “domestic trademark right acquired through a self-owned brand” or “domestic trademark right” through a contract with a foreign famous brand; ② to provide goods produced and sold in the same form as paragraph (2) to the supplier.