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(영문) 대구지방법원 2017.12.15 2017구단1419
영업정지처분취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a person who operates a youth game room business under the trade name of ① “B” in Daegu-gu D, ② the trade name of “C” in the same Gu E.

(hereinafter referred to as “B”’s game room “the instant 1 game room” and “C” are “the instant 2 game room”). B.

The Plaintiff set up the game machine B (hereinafter “instant game machine”), which is a game product used as a whole in each game of this case, and the game room of this case provided the game of this case with the type of “slomon character” in the form of a slomon character equivalent to 14,000 won, which is the complete form, with the gift of the said game machine, and the head of the 2 game room of this case provided the type of “slomon character” in the form of a gift of the said game machine of this case, which is equivalent to 11,00 won, the complete form.

C. On July 3, 2017, the Defendant rendered a disposition of suspension of business for one month for each game of this case (hereinafter “instant disposition”) on the ground that the Plaintiff, on March 15, 2017, provided free gifts exceeding 5,000 won in violation of the matters to be observed by game products related business entities (standards for the payment of premiums) under Article 28 subparag. 3 of the Game Industry Promotion Act and subparagraph 2 of Article 16-2 of the Enforcement Decree of the same Act in each game of this case.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 8 (including each number if there are separate numbers) and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion 1) Even if the free gift consumer price exceeds 5,000 won, there is a case where the prosecutor’s office was subject to a disposition for a violation of Article 28 subparag. 3 of the Game Industry Act. 2) The standard of free gift payment prescribed in the Enforcement Decree of the Game Industry Act is set at 10 years, and is unreasonable without considering the price increase rate at all.

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

C. 1) Determination of the existence of grounds for disposition is the game industry law.

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