판매중지처분 취소청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On June 2017, the Plaintiff imported and sold two virtual reality experience equipment (9DV Egat, hereinafter “instant organization”) as a company engaging in the manufacturing of the game machine and the wholesale and retail business of the game machine.
B. On April 9, 2018, the Defendant issued a disposition suspending sales on the grounds that the Plaintiff imported and sold a game machine, which is a product subject to safety assurance, without filing a safety assurance report pursuant to Article 15(1) of the Electrical Appliances and Consumer Products Safety Control Act (hereinafter “Electric Products Safety Control Act”).
[Ground of recognition] Facts without dispute, Gap evidence 7, Eul evidence 1 and 6 (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The body of the Plaintiff’s assertion is classified as an amusement facility or amusement facility under the Tourism Promotion Act, and 9 of the Organization’s program is a viewing-type video and the remainder one is a score.
Considering that the contents of the instant disposition do not constitute a game machine among electrical appliances subject to safety confirmation under Article 3(3) [Attachment 4] 1 of the Enforcement Rule of the Electric Appliances Safety Act, the instant disposition is unlawful by analogical interpretation and application of the said provision on matters not subject to the disposition.
B. Article 1 of the Act on the Safety of Electrical Appliances provides that “The Safety Control of Electrical Appliances Act is enacted for the purpose of protecting the lives, bodies, and property of citizens and promoting the interests and safety of consumers by prescribing matters concerning the safety control of electrical appliances and consumer products.” Article 2 Subparag. 6 of the Act provides that “the safety confirmation” shall be construed as “the confirmation that the safety confirmation conforms to the safety standards after undergoing the safety confirmation test from the safety verification testing agency.” Article