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(영문) 서울행정법원 2018.02.21 2017구단76893
영업정지처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff, with the trade name of “C” from the building B in Gwanak-gu in Seoul Special Metropolitan City, and from the first floor, installed a game machine, and operated a juvenile game room (hereinafter “instant game room”), provided a person who provided a punishment as a gift gift of the said game machine.

B. On August 7, 2017, the Defendant rendered a disposition suspending the instant game room business for 15 days (15 days (20 days from August 24, 2017 to September 7, 2017) (hereinafter “the instant game room business disposition”) on the ground that the Plaintiff violated Article 28 subparag. 3 of the Game Industry Promotion Act (hereinafter “Enforcement Decree of the Game Industry Act”) and Article 16-2 subparag. 2 of the Enforcement Decree of the Game Industry Act (1st) and offered a type of “the first type type of the instant game room business” (hereinafter “the instant first type type business disposition”) (hereinafter “the instant game room business disposition”) for a period of 15 days (20 days from August 24, 2017 to September 7, 2017) (hereinafter “the instant first type business disposition”) and the Plaintiff’s provision of the instant game counter business (20 days from October 30, 2017 to September 17, 2017).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the first and second dispositions of this case are legitimate

A. The Plaintiff’s assertion 1) Since the instant 1 and 2 figures offered by the Plaintiff as free gifts are produced and distributed for free gifts, there is only a supply price as a gift, and there is no consumer price. Therefore, the instant disposition was unlawful on the ground that the price of the first and second figures’ consumer price exceeds 5,000 won. (2) The proviso of Article 28 subparag. 3 of the Game Industry Act provides for free gifts.

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