[영업정지처분효력정지] 항소[각공2006.9.10.(37),1935]
Article 2 subparagraph 4 of the "Standards for Handling Gift in Game Establishments" announced by the Ministry of Culture and Tourism, which entrusts non-governmental organizations with the authority to designate kinds of merchandise coupons that can be provided by general game room business operators, and the validity of designation of merchandise coupons by non-governmental organizations
The Sound Records, Video Products, and Game Products Act only grants the authority to determine and publicly announce the kinds of gift gifts to the Minister of Culture and Tourism and did not grant the authority to entrust the affairs to the Minister of Culture and Tourism, and it does not mean that the authority to determine and publicly announce the kinds of gift gifts is included in the authority to entrust the authority to a non-governmental organization. If the Minister of Culture and Tourism specifically determines the kinds of gift gifts through such public announcement, it cannot be deemed that Article 6(3) of the Government Organization Act, which is the public announcement of the Ministry of Culture and Tourism of the Ministry of Culture and Tourism, itself, Article 6(2)4 of the "Standards for Handling Gift in Game Establishments", which is the public announcement of the Ministry of Culture and Tourism of the Ministry of Culture and Tourism, cannot be deemed as "Acts" under Article 6(3) of the Government Organization Act, Articles 10 and 11(1) of the Regulations on Delegation and Entrustment of Administrative Authority, and it is very important for a non-governmental organization to designate the kinds of gift vouchers in accordance with criminal punishment and administrative disposition.
Article 32 subparag. 3(a) of the Sound Records, Video Products, and Game Software Act, Article 39(1)5 of the Government Organization Act, Article 6(3) of the Government Organization Act, Articles 10 and 11(1) of the Regulations on Delegation and Entrustment of Administrative Authority, Article 2 subparag. 4 of the Standards for Handling Gift in Game Providing Establishments
Plaintiff (Seoulnam Law Firm, Attorneys Shin Tae-chul et al., Counsel for plaintiff-appellant)
Masan City, Gyeongnam-do
June 29, 2006
1. The defendant's disposition of business suspension of a general game room against the plaintiff on January 27, 2006 (one month from January 25, 2006 to March 16, 2006) shall be revoked.
2. The costs of the lawsuit are assessed against the defendant.
The same shall apply to the order.
1. Basic facts
On January 27, 2006, the Plaintiff operated a general game room under the Sound Records, Video Products, and Game Software Act (hereinafter “Act”) with the trade name “(Trade Address omitted)” at Simsan-si, Masan-si. On December 29, 2005, the Defendant issued a disposition to suspend the Plaintiff’s business of a general game room for one month from February 15, 2006 to March 16, 2006 (hereinafter “instant disposition”).
2. Determination:
The Minister of Culture and Tourism provides that a game providing business operator, including a general game providing business operator, may not conduct an act of providing free gifts other than the kinds determined and publicly announced by the Minister of Culture and Tourism under Article 32 subparagraph 3 (a) of the Act, the Minister of Culture and Tourism shall be authorized to determine and publicly announce the types of free gifts that a general game providing business operator may provide. On July 6, 2005, the Minister of Culture and Tourism determines the types of free gifts that a general game providing business operator may provide under Article 2 of the Public Notice of the Ministry of Culture and Tourism ("Public Notice of this case") of the Ministry of Culture and Tourism ("republic Notice") and entrusts a private organization with the authority to designate the types of gift vouchers that a general game providing business operator may provide as free gifts, and the "hinpin gift vouchers" provided by the Plaintiff is not a gift certificate designated by the Korea Game Industry Development Institute.
Therefore, the Minister of Culture and Tourism determines whether it is legitimate to entrust the Korea Game Industry Development Institute with the authority to designate the kind of gift certificates that can be provided as gift gift certificates under Article 2 subparag. 4 of the Public Notice of this case (Article 6(3) of the Government Organization Act). Article 6(3) of the Government Organization Act provides that an administrative agency may entrust affairs not directly related to the rights and obligations of the people, such as investigation, inspection, examination, and management, among its affairs, to a corporation or organization which is not a local government, or its agencies or individuals under the conditions as prescribed by the Acts and subordinate statutes. Article 10 of the Regulations on Delegation and Entrustment of Administrative Authority provides that "Unless otherwise provided for in other Acts and subordinate statutes, this Decree shall apply to entrusted affairs," Article 11(1) of the Government Organization Act provides that the Minister of Culture and Tourism may not entrust affairs related to the provision of gift certificates to a private organization which is not directly related to the rights and obligations of the people, such as the investigation, inspection, and management of affairs under its jurisdiction, and that are not entrusted with the authority of the public announcement.
3. Conclusion
Therefore, the plaintiff's claim is justified in the sense of seeking confirmation of invalidity of the disposition of this case, and it is so decided as per Disposition.
Doing Judge (Presiding Judge)