logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2016.10.27 2016구합58833
시정명령 취소 청구의 소
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 April 20, 201, the Plaintiff obtained approval from the Defendant for a general program providing business for three years in accordance with Article 9(5) of the Broadcasting Act.

On March 19, 2014, the Plaintiff received renewed approval from the Defendant pursuant to Article 17(2) of the Broadcasting Act, which is before the term of validity of the initial approval expires. The main contents of the renewed approval conditions granted by the Defendant at the time of the renewed approval are as follows.

1. To faithfully implement the business plan and obtain approval from the defendant where he/she intends to modify major contents of the business plan due to unavoidable grounds;

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;

6. If the defendant intends to inspect the actual performance of the project plan, he/she shall actively cooperate in necessary matters, such as submission of data;

B. The Plaintiff stated KRW 62,151,00,000 as a content investment plan (self-production purchase) in the business plan submitted to the Defendant at the time of applying for renewal of approval in 2014, but actually, the amount of content investment in the year 2014 was KRW 50,52,00,000 (81.3% compared to the business plan).

C. On July 30, 2015, the Defendant issued a corrective order to the Plaintiff on the ground of Article 99(1)2 of the Broadcasting Act, stating that “The Plaintiff shall implement the unpaid amount of implementation in the content investment plan in 2014 presented in the business plan submitted at the time of application for renewal of approval by December 31, 2015, along with the amount of the content investment plan in 2015.”

(hereinafter “instant disposition”) D.

The Plaintiff dissatisfied with this and filed an administrative appeal with the Korea Communications Commission, but was dismissed on December 22, 2015.

(Notice of Dismissal was served on the Plaintiff on January 5, 2016). [Grounds for Recognition] / [In the absence of any dispute, evidence Nos. 1 through 5, evidence Nos. 7, 14, 21, 22, 26, 27 (including the number of branches), the purport of the whole pleadings.

2. Whether the instant disposition is lawful.

arrow