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(영문) 서울행정법원 2017.12.07 2017구합59505
방송사업 재허가 처분 일부(부담) 취소
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 June 30, 2016, the Plaintiff applied for the renewal of a terrestrial broadcasting business operator’s license to the Defendant, as a corporation running a terrestrial broadcasting business, etc. with its broadcasting zone.

B. On December 27, 2016, the Defendant imposed a condition on the Plaintiff’s renewed license of a terrestrial broadcasting business operator (hereinafter “instant renewed license”) with the term of validity of the license until December 31, 2019, stating that “the capital amount of KRW 3 billion, which was determined in consideration of the amount not implemented, out of the capital increase plan promised at the time of the renewed license in 2013, should be expanded by December 31, 2017 (the Plaintiff need to actively participate from major shareholders, including the largest investor at the time of capital increase, and if forfeited stocks occur, taking into account the allocation of a third party, etc.).”

hereinafter referred to as "the terms of this case"

(ii) [Ground of recognition] unsatisfy, Gap evidence Nos. 1 and 3 (including paper numbers), the purport of the whole pleadings;

2. Whether the condition of this case is legitimate

A. The Plaintiff’s assertion that the financial capacity of the terrestrial broadcasting business operator is increased has various methods other than the method of capital increase. The Plaintiff’s endeavored to increase capital after 2013, but it is difficult to find the person participating in the increase of capital other than the major shareholder. The Plaintiff’s major shareholder is practically unable to increase capital due to the restriction on the Plaintiff’s share ownership under the Broadcasting Act. The aggravation of the Plaintiff’s financial condition is due to the delay in reverse-transmission in Seoul area until August 201 without any reasonable grounds, and the rate of the combined sale of commercials was unfairly low. Although multiple broadcasting business operators other than the Plaintiff face financial problems, the Defendant imposed the instant condition of this case requesting the Plaintiff to increase capital only, and in particular, the Defendant renewed the approval of T&C of the Plaintiff even if HTC was made at the same level as the Plaintiff.

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