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| TITLE | [Cancellation of Disposition Rejecting a CATV Total Broadcasting Business Application, etc.]Supreme Court Decision 2003Du13045 Delivered on January 14, 2005 [full Text] |
|---|---|
| Summary | |
| [1] Whether an administrative agency may render a rejection disposition for the second time as to the earlier application with a correction of violations in the procedure and the method pursuant to the final judgment (affirmative) and whether such a disposition constitutes the second disposition as stipulated under Article 30 (2) of the Administrative Litigation Act (affirmative) [2] The case holding that the second rejection disposition rendered under the final judgment that a rejection disposition against a broadcasting business was unlawful because of the Korea Broadcasting Commission's non-simultaneous evaluation of a CATV relay broadcasting business operator and its competitor also constitutes a second disposition as stipulated under Article 30 (2) of the Administrative Litigation Act [3] The circumstance where the Korea Broadcasting Commission's conversion approval disposition which allows a CATV relay broadcasting business operator to convert to a CATV total broadcasting business under Article 9 (3) of the Broadcasting Act could be unlawful [4] The case holding that the Korea Broadcasting Commission's conversion approval disposition which allows a CATV relay broadcasting business operator to convert to a CATV total broadcasting business does not deviate from or abuse the limits of discretion | |
