beta
(영문) 서울고등법원 2017.10.18 2017누49388

시정요구 처분 취소 청구의 소

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The grounds for the court’s explanation concerning this case, such as the acceptance of the judgment of the court of first instance, are as follows. The relevant part of the judgment of the court of first instance is modified as follows, and the defendant’s repeated argument by this court is identical to the part of the reasoning of the judgment of the court of first instance, except for a supplementary decision as provided in paragraph (2). Thus, it is acceptable as it is in accordance with Article 8(2

Article 4(1)1 or 4(2)1 of the “Rules on Deliberation on Information and Communications” of the 4th 6th 1st 8th e.g., “the Defendant’s e.g., deletion up to the 4th e.g., deletion,” added the following to the 4th e.g., at the end of the 4th e., “the 6th e.g., deletion” (the e., the e., the e., the e., the e., internal rules). However, the e.g., the e., the e., the e., the e., the e., the e., the e., the e., the

Even if the disposition of this case is considered as abuse of discretion, it does not constitute an illegal act by deciding whether or not the disposition of this case is abused or abused.

[Judgment]

2. Supplementary judgment

A. The Defendant’s assertion does not have a provision under which foreigners protect the right to distribute information in Korea, including the Act on the Establishment and Operation of Korea Communications Commission, Information and Communications Network Act, Information and Communications Business Act, Information and Communications Network Act, and Information and Communications Network Act, which are the basis of the instant disposition, and there are no treaties protecting the freedom of expression and the freedom of press to foreigners. Therefore, the Plaintiff, a foreigner, merely infringed the de facto interest due to the instant disposition,

B. Article 6(1) of the Constitution of the Republic of Korea is determined.