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(영문) 서울행정법원 2017.08.31 2017구합59987
시정요구처분취소소송
Text

1. The plaintiff's claim is dismissed.

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

Reasons

(b) broadcast in the form of real-time providing, for its members admitted to the channel, images taken by them in a camera;

(hereinafter referred to as “the instant Internet broadcast”). (c)

Pursuant to Article 21 subparag. 3 and 4 of the Korea Communications Commission Act and Article 8 of the Enforcement Decree of the Act on the Establishment and Operation of Korea Communications Commission (hereinafter “the Enforcement Decree of the Korea Communications Commission’s Act”), the Defendant deliberated on the information provided or circulated through pop-up containers and TV, and issued the Plaintiff a request for the following correction in relation to the Internet broadcasting of this case on March 7, 2017:

(hereinafter referred to as the “instant disposition”). Measures to correct the decisions made by the URL rules are 1783 A effective ITX/MF to provide dynamic image information with a specific description of women’s sexual flag, part of the resistance in the Internet broadcast. Article 44-7(1)1 of the Information and Communications Network Act, Article 8(1)1 of the Information and Communications Network Act, Article 8(1)1 of the Regulation on Deliberation on Information and Communications Network Utilization and Communications

D. On March 10, 2017, B filed an objection against the instant disposition with the Defendant pursuant to Article 8 of the Enforcement Decree of the Illegal Law and Article 16 of the Review Regulations on Information and Communications Technology. However, on March 21, 2017, the Defendant deliberated on and decided to dismiss the objection, and notified the result to B on March 22, 2017.

Among the reasons why the Defendant notified B of the decision on dismissal of the objection, the part indicating “a continuous inducing users to use the paid Internet broadcast through the selection of the mentor of B such as the attached sheet in the Internet broadcast of this case (hereinafter “the instant mentor”) and the extreme contents” is indicated as the basis for the determination of obscene information.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4 and Eul evidence Nos. 1 to 3 (including provisional numbers) are written.

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