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(영문) 전주지방법원 2019.05.23 2017가합2051
사용료
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. 1) The defendant is a terrestrial broadcasting business operator C (hereinafter referred to as "C")

(2) According to the agreement with the Governor, the Plaintiff is a terrestrial broadcasting business entity (a well-known regional broadcasting business entity) that retransmittings C’s terrestrial broadcasting via broadcasting channels permitted by the Korea Communications Commission with its broadcast area, or broadcasts its own or its broadcast program produced by outsourcing. (2) The Plaintiff is a CATV broadcasting business entity that sells digital cable products, including terrestrial broadcasting signals sent by the Defendant to subscribers, with its broadcast area as its broadcast area.

B. The Plaintiff’s CATV broadcasting business type Plaintiff received terrestrial broadcasting signals sent by Defendant and C, and then re-transmits them to the subscribers in real time through his cable network. The adjacent channels of terrestrial broadcasting channels provide various broadcasting channels to subscribers according to the type of broadcasting products, such as the compilation of home shopping channels.

C. A simultaneous re-transmission 1) Since the introduction of the Cable Broadcasting Act on August 24, 1961 for the purpose of resolving difficulties in viewing TV broadcasts under the former Composite Cable Broadcasting Act and ensuring the quality of terrestrial broadcasts, CATV relay broadcasting business operators have received and re-transmitting terrestrial broadcasts at the same time to subscribers. As the Cable Broadcasting Act was enacted on December 31, 191 and the Composite Cable Broadcasting Act was introduced, it was repealed on March 13, 200 by the enforcement of the former Composite Cable Broadcasting Act (Act No. 6139).

Article 27(1) of the Act and Article 26(1) of the Enforcement Decree of the Act provide that a CATV broadcasting business entity shall operate a public broadcasting business entity E (E; hereinafter “E”).

F) F (F, hereinafter referred to as “F”) and F

2) The Broadcasting Act (amended by Act No. 6139 of Jan. 12, 200) enacted on Jan. 12, 2000 (the former Broadcasting Act, the Composite Cable Broadcasting Act, the G Act, and the Cable Broadcasting Management Act, respectively.

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