1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The defendant is a juristic person established under the Korean Racing Association Act for the purpose of contributing to the promotion of marina and the development of livestock industry through the fair implementation and smooth distribution of horse racing and promoting people’s good use of their leisure time, and the plaintiff obtained a license for a horse racing from the defendant and has been engaged in the waterway belonging to the defendant from September 199.

B. On October 2016, the Plaintiff was subject to investigation under suspicion of violation of the Korean Racing Association Act that “In collusion with B, the Plaintiff provided horse information to Police Officers C in collusion with B and received KRW 10 million from C.”

On September 21, 2016, the Defendant was notified by the investigative agency that the investigation was in progress under the above suspicion. On September 22, 2016, the Defendant issued ad hoc measure against the Plaintiff “from September 22, 2016 to September 22, 2016 or from September 22, 2016 to the time when the disciplinary measure, such as the standing committee, becomes final and conclusive.”

C. On November 27, 2017, the Seoul Eastern District Prosecutors’ Office issued a disposition of non-guilty suspicion (Evidence of Evidence) on the ground that “In spite of the fact that the Plaintiff’s suspicion of violation of the Korean Racing Association Act was found to have occurred during the mid- October 2014, it is difficult to view that there is a clear and objective evidence to inform the Plaintiff of the information of the receipt, request, or promise of property or financial benefits from the police officer C, B, and the Plaintiff.”

On May 4, 2018, the Defendant held a standing committee and decided to revoke the Plaintiff’s license (hereinafter “instant disposition”) by applying Article 47 of the Korean Racing Association Act and Article 25 of the Enforcement Decree of the Korean Racing Association Act and Article 108 Subparag. 22, 23, 24, and 36 of the Enforcement Decree of the horse Racing Act and Article 108 Subparag. 11, 208 on May 11, 2018, on the grounds that “the Defendant provided horse racing information while keeping in line with the outside party B who is engaged in private horse racing and received money, goods, etc.”

The main contents of the sanctions protocol attached to the notification of the instant disposition are as follows.