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(영문) 서울고등법원 2017.12.12 2017누37484
게임물등급분류거부처분취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Details of the disposition;

A. On July 3, 2015, the Plaintiff filed an application for classification with the Defendant of the game product listed in the attached Table 1 (hereinafter “instant game product”). The instant game product includes the function of storing points on the RF Card after confirming himself/herself through fingerprint recognition (hereinafter “instant function”).

B. On August 28, 2015, the Defendant rendered a decision to reject the rating classification of the instant game products (hereinafter “instant disposition”) on the ground that the Plaintiff’s application for rating classification on an act or instrument subject to regulation or punishment under the provisions of other Acts or this Act pursuant to Article 22(2) of the Game Industry Promotion Act (hereinafter “Game Industry Promotion Act”) constituted “a person who has applied for rating without legitimate title, or who has applied for rating by fraudulent or other illegal means, or a person who has applied for rating classification on a game product corresponding to speculative game products.”

(B) However, in the case of a game product B, the reason that the game product was used without permission was added. The expression of the result of the game in the account book or the issuance of a certificate indicating the result of the game can be used for money exchange, and thus, the game product of this case is subject to subparagraph 7 of attached Table 2 of the Enforcement Decree of the Game Industry Act. - The game product of this case is in violation of the item concerned, since it has a function to store and manage the result (mark) on the external RF card. The game product of this case is a coverer game with betting and dividends, and the game product of this case is able to proceed with a coverer game by inserting the RF card recorded with the result (bank score) in cash. Accordingly, since the RF card has property value, it constitutes the "private game product" of subparagraph 1-2 (a) of Article 2 of the Game Industry Act, the regulation on classification (attached Table 5) is restricted, but the game product of this case is restricted in the initialization of the amount of use.

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