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동아일보 양산지국의 신문업에있어서의불공정거래행위에 대한 건

Representative Measure Type

Penalty Surcharges

Resolution Number

Resolution 2004-338

Case Number

204Mining yarn1512

case name

Cases concerning unfair trading in the newspaper business of both countries in the East Asia;

Date of Resolution

December 07, 2004

Attachment Files

The two producing countries.hwp

Both mountainous countries.pdf

Persons with serious mind

Transmission Magan (Representative of Yang & Yang Country in the East Asia)

Gwangju Metropolitan City North-dong 483-53

Text

1. The respondent shall not engage in any act to induce the readers again by providing, etc., a paper that exceeds 20% of the paid newspaper price received from the relevant readers for one year;

2. The respondent shall pay a penalty surcharge to the National Treasury as follows:

(b) Payment deadline: Within the payment deadline (60 days) specified in the notice for payment of penalty surcharges;

(c) Place for payment: Bank of Korea revenue agencies or post offices; and

Reasons

1. Basic facts

(a) Eligibility of the inquiree;

(1) The inquiree is engaged in newspaper dissemination and advertising agency business, and the Monopoly Regulation and Fair Trade Act

(2) The general status of the person under question shall be as follows:

The general status of the inquiree as provided in Table 1.

Part B of the sales of the business of the representative, the representative of the date of establishment of the name of the business operator (as of the end of 03 year), the number of delivery copies (as of the end of 04.4), Dongila, both producing countries, of May 21, 1996, the dissemination of Mauri newspaper, advertising agency, 94, 9762,

*Data-delivery: Data to be submitted by the inquiree

(1) Characteristics of the newspaper sales market;

Newspapers are products that are necessarily required to be equipped with a prompt delivery system because the names of products are extremely short and inventoryed within one day. In addition, newspapers are products that are characterized by advertising or former advertising sales, in addition to newspapers sales.

In order to increase the sales of the former advertising, the newspaper sales business entity dealing with these newspapers (hereinafter referred to as the " newspaper sales entity") has a key role in expanding the sales volume in order to increase the sales of the former advertising, and in this process, the sales business entity shows an excessive amount of promotional activities among sales business entities.

(2) Distribution structure

The sales channels of newspapers can be divided into delivery sales through the newspaper station and sales through store sales, and among these, delivery sales account for 97% of total.

The current status of publication and delivery copies of central daily newspapers;

Separate District Court Decision 2,002,784 (97.6%) 43,397 (2.1%) 3,774 (0.2%) 2,051,594 (100.0%) 2,314,018 (97.3%) 57,233 (2.4%) 3,976 (0.2%) 377,707 (10.0%) 2,842,840 (2.1%) 840 (2.0%) 2,052,051,58 (10.0%) 97.2% 2.10% of the average of 2.20% of the 2,100%) 377,707 (10.0%) 2,840 (97.8%) 840 (2.1%) 2,052 (0%) 2,051,588 (100%)

*Data Delivery Agency: ABC Newspaper Report ( October 2003)

As of March 2004, the newspaper branch was estimated to be 6,172 branches nationwide, and there was a large number of branches in order of shipbuilding day, East Asia's day, central day, etc.

Table 3. Current state of newspaper stations;

(unit: Place)

1,3591,0151,07372,0546,172(172.0%) (16.4%)(16.3%)(16.4%)(16.3%)(11.9%)(3%)(33.4%)(10%)(10%)(10%)

*Materials: Newspaper sales and distribution structure, Korea Press Foundation (2004)

(3) The market situation of the person under question;

The business area of the person under question is the area of Yangsan-dong and Dong-dong in Gwangju Metropolitan City, and the area of Dong is the area of Dong, which is the central day, shipbuilding day, Korean daily newspaper, tendency newspaper, and world daily newspaper.

2. Formation of an act of offering unjust free land and free gifts; and

(a) Facts of conduct;

During the period from May 1, 2003 to March 31, 2004, the respondent entered into a subscription contract with 863 readers, including Egyptians, etc., including Egyptians, from May 1, 2003 to 863, and provided a newspaper business, and provided a free will of 1 to 1 and10 months as well as a gift letter, such as a bicycle and gift certificate, which exceeds 20% of the subscription fee per year, as provided for in Article 3 (1) 2 of the type and standard of unfair trade and abuse of market dominant status (hereinafter referred to as "mail sale notice").

Details of provision of free land and free gifts.

Free and paper provision details (cases) of free will 10, 20, 221, 10, 10, 221, 10, 221, 10, 85, 10, 9, 9, 101, 30, 30 and 40, 10,000, 10,000 and 40,000,000,000 and 27,000,000,000 and 10,000,000 and 10,000,000 and 10,000,00,000 and 3,0,00,00 and 10,00,00,00 and 4,00,00,00 and 10,00,00,00 and 4,00,00,00,00 and 4,00,00.

*Materials : The original name group and the expansion register of the respondent.

B. Determination of illegality

Article 3(1)2 of the Publication of Newspapers Sales provides that where the aggregate value of free newspapers and free gifts provided by newspaper dealers for one year to the readers exceeds 20% of the paid newspaper price received from the relevant readers during the same period, it constitutes “an act of unfairly inducing competitors to engage in transactions with customers,” under the former part of Article 23(1)3 of the Act.

Although newspaper dealers should secure and maintain readers through normal competition orders such as quality, price, service, etc. in selling newspapers, the act of inducing readers by providing excessively free or free gifts in light of normal commercial practice constitutes unfair customer inducement which obstructs fair trade order.

The 20% (current 28,800 won) of the subscription fee for one year (current 28,800 won) is more than 6,450 to 117,200 won, which is the limit provided by the newspaper sale notice in the amount of 35,250 to 146,00 won for the free will and free will provided by the inquiree to the new 863 person, such as a 863 person's free will and free will, such an act of providing free will and free will of the inquiree, constitutes an act of inducing unfair customers provided by the former part of Article 23 (1) 3 of the Act.

Details of excess limits on provision of free gifts and free land values.

14,000 (12,00 x 12,00 x 12) total 14,00 (20%) 28,800 (20% of annual subscription fees) 6,250 through 120,00 (at 20% of annual subscription fees) 35,250 through 146,4506, 450 through 17,200-36,00,000 and 120,00 (at x 0.10 months), 36,00 (at 310 months) 120,000 through 1207,2007, 200 or 91,200

Note 1) 12,00 won for 12,00 won for fair monthly subscription in East Asia.

2) The category of free gifts offered by the person who is the subject of the judgment to the principal judgment shall be subject to a consumer competition as provided in Article 3 subparagraph 1 of the Public Notice on the Punishment of Unfair Trade Practices and Criteria for the Provision of Free Economic Services (hereinafter referred to as the “Public Notice on Goods”), and the price of the consumer competition shall be as follows when calculating pursuant to Article 10 (Calculation of Transaction Price) (2) 1 of the Public Notice on Goods:

Details of free gifts value in Table 6.

(unit: source)

The purchase price of the old portion and the price of light goods, the price of light goods, the price of light goods, the price of light goods 17,0021, 250 tools 19,0023,750 telephone machines 9,0011, 250 merchandise coupons 10,0010,000 grangs 9,000 grangs 9,0011,250-17,000 cleaning machines 17,0021,250 grangs 17,0021,250 grangs 25021,250 frangs 5,006,2500 grangs 2503,0065,000 grangs 49,000 grangs 25061,250 b

* Data source: a statement of the person under question and data to be submitted

3. Imposition of penalty surcharges;

(a) Basis for calculation of penalty surcharges;

A. The acts of the respondent 2. A are acts before the amendment of the Enforcement Decree concerning the imposition of penalty surcharges. Thus, the former Enforcement Decree prior to the amendment shall be applied in accordance with Article 24-2 of the Act and Article 61(1) [Attachment 2] of the Enforcement Decree of the same Act and Article 61(1) [Attachment 2] of the Enforcement Decree of the same Act within the scope not exceeding the amount obtained by multiplying the standard sales for imposition of penalty surcharges by 2/100 pursuant to Article 55-3 of the Act, taking into account the details and degree of the violation, the period and frequency of the violation

(b) Amount of penalty surcharges;

(a) The amount of penalty surcharge for the respondent calculated on the basis of the calculation of the penalty surcharge under subparagraph (a) shall be as set forth in Section 2. A.

4. Conclusion

A. The act of the respondent 2. A is in violation of Article 23 (Prohibition of Unfair Trade Practices) (1) 3 of the Act and Article 3 (1) 2 of the Public Notice of Sale of New Letters (Restriction on Provision of Unclaimed Land and Gift Items). Thus, the corrective order shall be decided as ordered by applying Article 24 of the Act and the provisions of Article 24-2 to the imposition of penalty surcharges.

The Fair Trade Commission has resolved as above.

December 7, 2004

the President of the Republic of Korea and the President of the Republic of Korea

F.O.O.S.C.

The above members of the Dong-won