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(영문) 서울행정법원 2014.09.18 2014구합2935
시정요구처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. Escing media group (Escupe Media Group, Inc., hereinafter “ScK”) as a U.S. corporate entity provides a stringing service in the way of operating the lubrove website (www.grovesar.com; hereinafter “instant website”).

The Plaintiff joined the website of this case.

B. On October 31, 2013, the Defendant: (a) provided that the website of this case, without permission from a right holder, may either dye a film, e-TV program, sound source, etc.; (b) provided that the website of this case violates Article 44-7(1)9 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (hereinafter “Information and Communications Network Act”); (c) Article 136(1)1 of the Copyright Act; and (d) of the former Review Regulations on Information and Communications (amended by Regulations of the Korea Communications Commission, No. 106, Jan. 15, 2014; hereinafter “Review Regulations”); and (d) Article 21 subparag. 4 of the Korea Communications Commission Act and Article 8(2)1 of the Enforcement Decree of the same Act, demanded correction of the website of this case (hereinafter “Korea Communications Commission”); (d) and (d) the Plaintiff’s request for correction; and (d) the Plaintiff’s request for the consolidation of Samsung Ecom.

(hereinafter “instant disposition”). C.

From November 1, 2013, the instant network operator prevented access to the instant website in accordance with the instant disposition.

On November 14, 2013, Esp has filed an objection against the instant disposition against the Defendant, but was dismissed on January 21, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, and 7, the purport of the whole pleadings

2. The lawsuit of this case.

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