1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. The Plaintiff, with the trade name of “C” in Daegu Northern-gu, Daegu-gu, provided a game machine (hereinafter “instant game machine”) and operated a juvenile game room (hereinafter “instant game room”), and provided a radio helicopter equivalent to KRW 46,900, which is the complete storage of the instant game machine, as a gift of the instant game machine.

B. On March 30, 2017, the Defendant rendered a disposition for one month of the suspension of business (hereinafter “instant disposition”) on the ground that the Plaintiff, on February 10, 2017, provided free gifts exceeding 5,000 won in violation of the obligations of game products related business entities (e.g., criteria for the payment of premiums) under Article 28 subparag. 3 of the Game Industry Promotion Act and Article 16-2 subparag. 2 of the Enforcement Decree of the same Act, thereby encouraging speculation.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 6, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion that the instant game machine is not a speculative game that provides free gifts by chance, and the KRW 5,000 based on the premium payment standard prescribed in the Enforcement Decree of the Game Industry Act is set at ten (10) years, and does not take into account at all the price increase. In light of the disadvantages incurred by the Plaintiff due to the instant disposition and the above circumstances, the instant disposition is unlawful as it is an abuse of discretionary power.

(b) as shown in the attached Form of the relevant statutes;

C. In full view of the following circumstances acknowledged by comprehensively taking account of the overall purport of the evidence presented in the first instance judgment, even if considering the degree of disadvantage suffered by the Plaintiff in the instant disposition and other various circumstances asserted by the Plaintiff, the public interest is more likely to be achieved than the disadvantage suffered by the Plaintiff in the instant disposition.

(1) Subparagraph 3 of Article 28 of the Game Industry Act and Article 16-2 of the Enforcement Decree of the same Act.