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(영문) 서울고등법원 2012.11.01 2012누13582
취급거부명령처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons for this court’s acceptance of the judgment of the court of first instance are as follows: (a) the second and second lower instances of the judgment of the court of first instance (hereinafter “Defendant”) are cited as “the Plaintiff”; and (b) other than supplementation of the judgment of the court of first instance as “the Plaintiff,” the reasons for the judgment of the court of first instance are as stated in Article 8(2) of the Administrative Litigation Act and the main sentence of Article

2. Supplement of judgment of the first instance court;

A. The Plaintiff’s assertion 1) Payment of non-profit membership fees and the establishment of the website are not related to benefits and consideration, and there is no intent to pursue profits through the web hosting service to the Plaintiff, and since money such as membership fees is not distributed to members or the center operators, the Plaintiff does not constitute a broker to provide information for profit. 2) The instant website that does not have the nature of performing the act of publishing information is merely merely a mere information and does not constitute “information with the content of performing the act prohibited under the National Security Act” under Article 44-7(1)8 of the Information and Communications Network Act, and thus, the instant disposition is unlawful.

3) Information requested by the National Police Agency and the National Intelligence Service to delete to the Defendant on five occasions is merely 70 items. Although 70 items are sufficiently deleted, the Korea Communications Standards Commission deemed that the request made by the National Police Agency for 4,000 conditions or exaggerationd matters of the National Police Agency was illegal without any specific confirmation, and thus, was in violation of the principle of proportionality and illegal. (b) The existence of profit-making purposes is against the principle of proportionality and illegal. (i) In order to make the website on the Seochonet website, a member of the National Police Agency regularly collected membership fees each month, and the Plaintiff opened an account for the use of support money on the website, and the number or storage capacity of the mail account depending on the amount of membership fees paid.

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