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(영문) 서울고등법원 2015.10.06 2015누46651
시정요구 처분 취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff, as an editor of “B” Internet newspaper, manages and operates the Internet homepage (C; hereinafter “instant website”) of the said newspaper.

B. The Plaintiff posted an article of “E” on the website of the instant case along with the networkF’s body photograph.

(hereinafter the above pictures are “the instant pictures,” and the entire articles, including the instant pictures, are “the instant bulletin”). C.

On August 7, 2014, the Defendant deliberated on whether the instant bulletin constitutes harmful information provided for in Article 21 subparag. 4 of the former Act on the Establishment and Operation of Korea Communications Commission (hereinafter referred to as the “Korea Communications Commission”) and Article 8 of the Enforcement Decree of the Korea Communications Commission Act (hereinafter referred to as the “Enforcement Decree of the Korea Communications Commission’s Act”), and issued the Plaintiff a corrective order as follows.

(hereinafter “instant request for correction”). Whether the measures to correct the decisions on the grounds of application of UTRL by the Nos. 1 G B and HI are measures are taken, the fact that there is no dispute over the deletion of the request for correction [based on recognition] under Article 8 subparag. 2 (g) of the Regulations on Information and Communications Network Utilization and Communications concerning Information and Communications that information on the measures of correction of the decisions on the grounds of application of URL by the Nos. 1 through 5 is provided by specifically expressing physical damage, etc. at part

2. Determination on this safety defense

A. The Defendant’s defense of this case’s main safety defense, which is unlawful due to the lack of eligible eligibility, is an administrative guidance that is an act of a recommended nature premised on voluntary cooperation by the people, and cannot be deemed an administrative disposition that directly brings about legal changes in the legal status of the other party to the request for correction or the information posted. Thus, the instant lawsuit is unlawful by setting the eligible eligibility. 2) The relevant statutes and subordinate statutes.

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