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(영문) 서울행정법원 2015.05.21 2014구합71252
시정요구 처분 취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff, as an editor of “B” Internet newspaper, manages and operates the Internet homepage (C; hereinafter “instant website”) of the said newspaper.

B. The Plaintiff posted an article of “E” on the homepage of the instant case on the D’s website and attached Nonparty F’s body pictures.

(hereinafter referred to as “instant information”). C.

On August 7, 2014, the Defendant deliberated on whether the instant information constitutes harmful information under Article 21 subparag. 4 of the Act on the Establishment and Operation of Korea Communications Commission (hereinafter “Korea Communications Commission”) and Article 8 of the Enforcement Decree of the same Act, and issued the Plaintiff a corrective order as follows.

(hereinafter “instant request for correction”). Whether the measures to correct the decisions on the grounds of application of UTRL by the Nos. 1 G B and HI are measures are taken, the fact that there is no dispute over the deletion of the request for correction [based on recognition] under Article 8 subparag. 2 (g) of the Regulations on Information and Communications Network Utilization and Communications concerning Information and Communications that information on the measures of correction of the decisions on the grounds of application of URL by the Nos. 1 through 5 is provided by specifically expressing physical damage, etc. at part

2. Determination on this safety defense

A. The Defendant’s request for correction of this case’s main defense is an administrative guidance that is a recommendation act that is based on the citizen’s voluntary cooperation. As such, it cannot be deemed an administrative disposition that directly causes legal changes in the legal status of the other party to the request for correction or the information provider. Thus, the instant lawsuit is unlawful by determining the eligible status.

(b) Entry in the attached statutes of the relevant statutes;

C. The term "administrative disposition", which is subject to an appeal litigation of the relevant legal doctrine, is an act conducted by an administrative agency under public law, such as ordering the establishment of rights or the burden of obligations with respect to a specific matter, or giving rise to other legal effects.

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