영업정지처분취소
1. The disposition of business suspension rendered by the Defendant to the Plaintiff on July 17, 2017 is revoked.
2. The costs of the lawsuit are assessed against the defendant.
1. Details of the disposition;
A. The Plaintiff is a person who operates a youth game room business in the name of “C” in Daegu Seogu-gu B.
(hereinafter “instant game site”). (b)
The Plaintiff established a game machine in which the entire use of the game in the instant game room is a game product (hereinafter referred to as “instant game machine”) and provided the type of “marc type” (hereinafter referred to as “instant type”) as a gift of the said game machine.
C. On July 17, 2017, the Defendant rendered a one-month disposition of business suspension against the instant game site (hereinafter “instant disposition”) on the ground that the Plaintiff, on April 20, 2017, provided free gifts exceeding KRW 5,000, in violation of the matters to be observed by game products related business entities (standards for the payment of premiums) under Article 28 subparag. 3 of the Game Industry Promotion Act (hereinafter “Game Industry Act”) and Article 16-2 subparag. 2 of the Enforcement Decree of the same Act, on the ground that the Plaintiff promoted speculation by providing free gifts exceeding KRW 5,00.
[Ground of recognition] Facts without dispute, Gap evidence 1, 4, Eul evidence 1, 2, and 7 (including each number; hereinafter the same shall apply)
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion 1) The Defendant, who violated the procedure, notified the Plaintiff that he could submit his opinion by July 17, 2017 when giving a prior notice of the instant disposition, and the Plaintiff presented a written opinion to the Defendant on July 17, 2017, within the said period. However, the Defendant received the Plaintiff’s written opinion and did not properly examine the Plaintiff’s written opinion, and the instant disposition immediately did not give an opportunity to present his opinion, which is a matter of fact. (2) Article 28 subparag. 3 of the Non-existence of the Act on the Game Industry provides free gifts to encourage speculation, which is not a product harmful to juveniles with a consumer selling price of not more than 5,000 won.