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(영문) 서울행정법원 2017.10.20 2016구합8548
게임물 등급분류필 확인의 소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Details of the disposition

The plaintiff is a representative of the development company B and a person who develops C game products, and the defendant is a public institution in charge of the deliberation and follow-up management on game products under the Ministry of Culture, Sports and Tourism established pursuant to the Game Industry Promotion Act.

On January 8, 2009, the Plaintiff (hereinafter “Game Rating Board”) filed an application for rating classification of the game to be withdrawn by inserting a paper paper or a bar of C’s game product into the Defendant (hereinafter “Game Rating Board”) and moving the premiums displayed by pressing the upper left part to the end of the upper left part, and received a rating classification decision (rating number: D) on February 18, 2009. In order to maintain the identity of the game products supplied when there is a change in the size, type, etc. of C’s game product and the reported game products, the Plaintiff was determined to keep the rating classification on November 2, 2016, respectively.

Meanwhile, the Plaintiff, upon developing the E game product, filed an application for rating classification on October 12, 2016, filed an application for verifying the refusal of rating, but received a final decision on October 19, 2016.

On September to October 2016, the Plaintiff supplied E game products to the Busan Jung-gu Office, and the control agency, such as the Culture Tourism Department, etc., decided that the E game products discovered as a result of the inspection of the game software establishment, was a game product not deliberated, and notified the operator of the above game to take a disposition of suspension of business for one month on the ground that it provided the operator of the above game products for the use of the un

After that, the Plaintiff filed an application for rating classification of E game products with the Defendant on November 23, 2016, and received a rating decision (F).

[Ground of recognition] The entry of Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 through 7, and 9 (including each number), the purport of the whole pleadings, and whether the lawsuit of this case is legitimate, the defendant's lawsuit of this case is about the existence of past legal relations, and the lawsuit of this case is about E game products subject to control.

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