The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined.

1. As to the grounds of appeal Nos. 1 and 2

A. First, whether the “Refusal, etc. to handle information” under Article 44-7(3) of the former Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (amended by Act No. 11690, Mar. 23, 2013; hereinafter “former Information and Communications Network Act”) includes the suspension of web hosting services on a website.

(1) “Information” under the former Information and Communications Network Act means “any kind of data or knowledge expressed in codes, letters, voice, sound, image, etc. by processing them by optical or electronic means for a specific purpose” under the definition of “information” under Article 2 subparag. 1 of the former Framework Act on Information and Communications Network Act (wholly amended by the Framework Act on National Informatization, May 22, 2009), and “information and communications network” means “information and communications system that collects, processes, stores, searches, transmits, or receives information by using telecommunications equipment under Article 2 subparag. 2 of the Telecommunications Business Act or by using telecommunications equipment and facilities, computers, and computer-based technology” (Article 2(1)1 of the same Act), and “information and communications services” means “providing or mediating the provision of information using telecommunications services and information” (Article 2(1).

(Article 2(1)2. Here, “telecommunications services” refers to mediating another’s communications through telecommunications facilities or providing telecommunications facilities for another’s communications.

(Article 2 Subparag. 6 of the Telecommunications Business Act. Meanwhile, according to Article 44-7(1)8 and (3) of the former Information and Communications Network Act, no person shall distribute information with a content that commits an act prohibited under the National Security Act through an information and communications network, and requests the head of the relevant central administrative agency for deliberation and correction of the relevant information, and requests for correction thereof.