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(영문) 서울행정법원 2016.01.28 2015구합3461

시정요구처분취소

Text

1. The Defendant, on October 16, 2014, applied the case, KSN Co., Ltd., KSV, and KSV.

Reasons

1. Details of the disposition;

A. The Plaintiff, having an office in the UK, operates the Woldo website (www.4 S.com. hereinafter referred to as the “instant website”).

The web site of this case is a search-type site without a separate bulletin board in a way that users who joined the web site of this case have searched the files, such as music, photographs, etc. which they opened through the web site of this case, from the web site of this case to the next download.

B. On July 15, 2014, the Minister of Culture, Sports and Tourism requested the Defendant to take corrective measures on the ground that the website of this case illegally reproduced or reproduced domestic and foreign content (broadcasting, film, music, game, etc.) and infringed or aided copyright.

C. On October 16, 2014, the Defendant deliberated on the information on the website of this case pursuant to Article 21 subparag. 4 of the Act on the Establishment and Operation of Korea Communications Commission and Article 8 of the Enforcement Decree, and, on October 16, 2014, issued the following corrective measures against nine network operators (hereinafter referred to as “the network operators of this case”).

(hereinafter referred to as the “instant disposition”). The fact that there is no dispute over the demand for correction of connection by nine network operators, such as 2014-19-0314 cases, to take measures to demand the correction of the decision to apply the matters related to the name of the applicant for URL applicant, and the fact that there is no dispute over the demand for correction of connection [based] under Article 44-7(1)9 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., and Article 136 of the Copyright Act, Article 8 subparag. 4 (e) of the Review Regulations on Information and Communications Network Utilization and Information Protection, Etc., which allows the appreciation of “motion”, “TV program”, “ sound source”, etc. through search, etc. without permission of the holder of right