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.

1. Determination as to the cause of claim

A. On March 19, 2017, the Plaintiff asserted that he/she paid KRW 5,000 to the Defendant in addition to the admission fee of KRW 5,000 (hereinafter “instant usage fee”).

Article 5(1) of the Korean Racing Association Act, which is the basis law that the Defendant collects the instant usage fee, and Articles 3(1) and 7-2 subparag. 4 of the Enforcement Rule of the Korean Racing Association Act violate Article 11(1) (the principle of equality) and 37(1) and (2) (the principle of excessive prohibition) of the Constitution. Since the Defendant unfairly collects the instant usage fee, the Defendant is obligated to refund the instant usage fee, which is unjust enrichment, to the Plaintiff.

B. On March 19, 2017, the fact that the Plaintiff used the Korea Racing Association branch operated by the Defendant and paid the Defendant the instant royalty to the Defendant is not disputed between the parties, or recognized by the purport of the entry of the evidence No. 1 and the entire pleadings.

First, we examine the plaintiff's assertion that the royalty of this case was collected in accordance with the unconstitutional law.

Article 5(1) of the Korean Racing Association Act that claims that the Plaintiff is unconstitutional shall provide that “a horse race track may be collected from visitors to the horse race track and the off-the-counter shop under Article 6(2).” Article 3(1) of the Enforcement Rule of the Korean Racing Association Act provides that “The Korean Racing Association shall sell admission tickets within the limit of 2,00 won per person for each place of admission in order to collect admission fees pursuant to Article 5(1) of the Korean Racing Association Act, and 5,000 won for off-the-counter shop under Article 6(2) of the Act.” Article 7-2 subparag. 4 of the Enforcement Rule of the Korean Racing Association Act provides that “other revenues prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs under Article 9(1) of the Act shall be as follows:

4. Other goods as prescribed in Article 2 of the Value-Added Tax Act other than those as referred to in subparagraphs 1 through 3.