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(영문) 서울고등법원 2020.03.27 2019나2039766
금지청구의 소
Text

1. The part requesting deletion of notices, advertisements, search terms, and the part requesting indirect compulsory performance, among judgment of the court of first instance, shall be revoked;

2...

Reasons

1. Basic facts

A. The Plaintiff is a non-corporate body established to derive improvement proposals through research on the operation of a specialized hospital, to establish and recommend various alternatives for national policies related to a specialized hospital, to improve the status of a specialized hospital through public relations, to maintain and develop differentiated expertise and characteristics of a specialized hospital prior to transparent accounting management and exemplary management, and to promote the protection of the rights and interests of member hospitals and the friendship between the rights and interests of the specialized hospital. The articles of incorporation stipulate the head of a medical institution or a person in charge of its management, etc. designated as a specialized hospital of the Ministry of Health and Welfare under the Medical Service Act as its regular members.

B. The Defendant, a provider of information and communications services prescribed by the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., provides comprehensive services, such as search and reference services, such as knowledge, figures, and academic information, news sports services, real estate, securities, finance, and health, and community services, such as tables and carpets, on its website (C).

C. On December 28, 2017, according to the relevant provisions of the Medical Service Act, the Minister of Health and Welfare designated 109 specialized hospitals as third-year specialized hospitals (from 2018 to 2020), and currently, 108 specialized hospitals listed in the attached Table 1 are maintained as specialized hospitals.

If the Defendant’s Internet website combines a specific specialized department or a specific specialized department, disease, body part, medical treatment name, etc. with a specialized department, such as the “humba”, “humba”, “humba”, etc., the search results are shown in the search results by a medical institution not designated as a specialized hospital by the Minister of Health and Welfare (hereinafter “non-specialized hospital”) as indicated in the attached Table 3.

[Reasons for Recognition] There is no dispute, A, 1, 2, 6, 7, 8.

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