영업정지처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of disposition;
A. The Plaintiff completed the registration of a juvenile game providing business entity in the course of operating a youth game providing business entity with the trade name "D" in the field of Pakistan-si B and C.
B. On March 26, 2019, the Plaintiff: (a) inside the game machine, up to KRW 63,750, kept one of the 1.7liters and consumer sales amounting to KRW 78,000, which was discovered to the police, as premiums, by keeping one machine at the bar of 1,750,000.
C. On June 10, 2019, the Defendant notified the police of a violation of the provision of free gift payment standards from July 1, 2019 due to the Defendant’s violation of the provision of free gift payment standards to the Plaintiff following the hearing procedure.
7. The disposition was rendered by the Plaintiff. D. Upon the Plaintiff’s filing of an administrative appeal, the Gyeonggi-do Administrative Appeals Commission made an adjudication that changed the disposition of business suspension by 15 days on September 9, 2019. E. Accordingly, on September 26, 2019, the Defendant changed the Plaintiff into one month of business suspension (from October 28, 2019 to November 11, 2019) (hereinafter “instant disposition”).
(f) On the other hand, on April 29, 2019, the Plaintiff was subject to a disposition of suspension of indictment on the said violation (Evidence Evidence: Evidence Nos. 1, 2, 3, and evidence No. 1 through No. 1).
2. Whether the instant disposition is lawful
A. 5,00 won, which is set according to the summary of the Plaintiff’s assertion, is too far far away from reality, and the instant disposition is too harsh.
B. A game related business entity under Article 28 of the Game Industry Promotion Act (amended by Act No. 16586, Nov. 26, 2019; hereinafter “Game Industry Act”) must comply with the following matters:
3. Not promoting speculation by providing premiums, etc.
(a) Kind, sing and phrases of free gifts prescribed by Presidential Decree, the whole use of which by juveniles’ game providing business is permitted;
(c) Cash, gift certificates, and securities are excluded: Provided, That this shall not apply;
The foregoing shall not apply to the standards, methods, etc. of payment.