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(영문) 서울고등법원 2019.10.24 2019누33790
과징금납부명령취소
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. On January 18, 2017, a decision of the Fair Trade Commission C rendered a decision on January 18, 2017, the Fair Trade Commission imposed a corrective order and an administrative fine (3 million won) on an act of failing to report changes in guidelines for calculation and payment of bonuses, an act of failing to notify changes in guidelines for calculation and payment of bonuses, and an act of not notifying changes in guidelines for calculation and payment of bonuses.

The following shall be considered only for an act exceeding the total payment limit of bonuses subject to the disposition of property and imposition of penalty surcharges, and an act of actual monetary transaction which disguises transactions of goods, etc.

(1) The Plaintiff’s act in excess of the total amount of bonus paid to the Plaintiff’s act (a) from January 1 to December 31, 2013 to December 31, 2013, when calculating the total amount of the prices of goods, etc. supplied to his/her subordinate multi-stage salesmen, the original adjudication was calculated by adding the fees for consignment sales in the case of consignment sales, and the total amount of the prices of goods, etc. supplied to the multi-stage salesmen at the time of calculating the penalty surcharge to the relevant sales amount.

The bonus of KRW 22,087,382,351, which is equivalent to 43.4% of the total amount of KRW 50,921,337,245, and KRW 22,610,589,122, which is equivalent to 50.2% of the total value of goods, etc. supplied to his/her affiliated multi-level marketing salesperson from January 1, 2014 to December 31, 2014; and KRW 56,707,243,710, which is equivalent to 46.5% of the total value of goods, etc. supplied to his/her affiliated multi-level marketing salesperson from January 1, 2015 to December 31, 2015; and KRW 26,342,101,350, respectively.

B) The Plaintiff’s actual monetary transaction that pretended to engage in the transaction of goods, etc. is the Self protocol I and II (hereinafter “helf protocol”) from December 16, 2014 to February 29, 2016.

In the event that multi-level marketing salespersons charge a prepaid amount of at least 12 million won for each multi-level marketing salesperson by conducting it, he/she may acquire the GD class immediately.

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