취급거부명령처분취소
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Details of the disposition;
A. The Love for the Plaintiff’s Human Rights Campaign opened the “htp:/Sang.or.kr”, an Internet site, and the Plaintiff’s On-Site Workers’ Electric Cables for the Plaintiff’s On-Site, Social Change Workers, respectively, and set up, manage, and operate a bulletin board.
B. The Commissioner General of the Korean National Police Agency requested the Defendant to issue an order to delete 53 posts posted by the users on the website managed and operated by the Plaintiff’s Human Rights Campaign Love Library as shown in the attached Table 1 “No. 1” and the attached Table 2 “No. 2” posted by the Plaintiff’s users on the website managed and operated by the Plaintiff’s On-Site, Social Change Workers Electric Cable (hereinafter collectively “instant posts”). The Defendant requested the Korea Communications Standards Commission to deliberate thereon. On July 18, 201, the Korea Communications Commission requested the Korea Communications Commission to deliberate on the instant posts. The instant posts constitute illegal information that cites the father’s U.S. dollars and instigate North Korea’s attention such as military politics, and demanded the Plaintiffs to delete the instant posts.
C. Nevertheless, the Plaintiffs did not delete the instant notice, and the Defendant, on November 15, 201, ordered the Plaintiffs to refuse to handle under Article 44-7(3) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (hereinafter “Information and Communications Network Act”), to delete the instant notice by November 23, 2011.
(hereinafter referred to as “instant disposition” in total). [Grounds for recognition] The fact that there is no dispute, entry of evidence Nos. 3 through 8, and the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. (1) The plaintiffs' assertion (1) grounds for unconstitutionality of the relevant statute, including Article 44-7 (1) 8 and 44-7 (3) of the Information and Communications Network Act, which are the grounds for the instant disposition.