제재조치처분취소
1.The judgment of the first instance shall be modified as follows:
Of the instant lawsuit, the part concerning the order to notify broadcasting.
1. The reasons why this court should explain concerning this part of the developments of the disposition are as follows: (a) the third party decision of the court of first instance (hereinafter referred to as “instant disposition”) is referred to as “Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act,” in addition to the written decision “Article 2013-52 of the Broadcasting Deliberation” (hereinafter referred to as “instant decision”) and “Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.”
2. Of the instant decision, determination on the main safety defense against the notice broadcasting order part
A. The Defendant’s assertion in the instant lawsuit filed a claim for the revocation of the entire decision of this case, which includes the “retaliatory measure order” and “broadcasting order,” and the Plaintiff is obligated to automatically broadcast the full text of the decision pursuant to Article 100(4) of the Broadcasting Act (hereinafter “broadcasting obligation”). As the Plaintiff is obligated to broadcast the full text of the decision pursuant to Article 100(4) of the Broadcasting Act, the broadcast order is merely merely to urge and recommend the Plaintiff who already bears the legal obligation of notifying broadcasting, and does not constitute an administrative disposition that affects the legal status of the Plaintiff.
Therefore, the plaintiff cannot dispute the part of the notice broadcasting order among the decision of this case as an appeal litigation.
B. (1) The term "administrative disposition, which is the subject of an appeal litigation of the relevant legal doctrine, means an act in the public law of an administrative agency, which causes direct changes in the specific rights and obligations of the people, such as ordering the establishment of rights or the burden of obligations with regard to a specific matter, or causing other legal effects. Barring special circumstances, the other party or the person, such as the act of non-power fact, such as the recommendation