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(영문) 서울고등법원 2014.01.09 2013누14476
시정조치등취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. As to the grounds of the judgment of the court of first instance, “the developments leading to the disposition of 1.0” from “the grounds of the judgment of the court of first instance”

A. The plaintiff's assertion;

(b) the relevant legislation;

C. Until the fact of recognition, among the reasons for the judgment of the first instance, the part of the judgment is written as follows (except for the part concerning imposition of penalty surcharges corresponding to the part against the defendant in the judgment of the first instance, excluding the part concerning imposition of penalty surcharges corresponding to the part against the defendant in the judgment of the second instance). As such, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

A. Article 64(4) of the Information and Communications Network Act provides that “The content of the disposition and the content of the relevant statute shall be published to the provider of information and communications services who violated the Information and Communications Network Act, as well as the fact that he/she received the corrective measures.” The second part of the judgment of the court of first instance stated that “each disposition was made in the column of the relevant statutes and the content of the disposition and the relevant statutory grounds shall be stated.”

B. The fifth to sixteen parts of the judgment of the court of first instance are as follows.

A person shall be appointed.

D. In addition, the Plaintiff, which completed the prior consultation with the Defendant, posted the notice on the first page of the Internet homepage between June 6, 2013 and June 7, 2013, and posted it on the first page of the Internet homepage, and implemented the instant publication order by inserting it for one day on the “Cultural”, which is a central daily newspaper distributed nationwide.

A person shall be appointed.

C. Article 20 of the 5th sentence of the first instance court's judgment "Evidence Nos. 1, 16, and 17 of the A" shall be construed as "Evidence Nos. 1, 16, 17, and 32-1, 2 of the A.

(hereinafter referred to as “the erroneous assertion”) portion is unlawful, since it is based on an erroneous factual basis. The household affairs and other views are considered to be different.

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