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(영문) 서울행정법원 2018.09.20 2017구합84129
등급분류거부처분취소
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. On July 21, 2017, the Plaintiff, a company producing the AD game, made the application grade for the “B” game product (hereinafter “instant game product”) as “total available for use.” On July 21, 2017, the Plaintiff filed an application grade with respect to the “C” game product as “total available for use.” On August 11, 2017, the Plaintiff filed an application grade with respect to the “D” game product (hereinafter “instant game product”) as “not available for use by juveniles,” and filed an application grade with respect to each of the instant game products as “not available for use by juveniles.”

B. On August 28, 2017, with respect to the instant game products, the Defendant rendered a decision to refuse the classification of the instant game products as to October 12, 2017 with respect to the instant game products, and on October 18, 2017, the Defendant rendered a decision to refuse the classification of the instant D game products (hereinafter collectively referred to as “instant disposition”). The Defendant’s grounds for refusing the classification of each of the instant game products are as follows.

The game product B of this case - The game product B of this case is deemed to have concealed speculative gaming machines of the "revolving a revolving company" under Article 2(1)2(c) of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc. and Article 1-2(1) of the Enforcement Decree of the same Act. Thus, the plaintiff decided as "a person who applied for classification of an act or device subject to regulation or punishment under the provisions of other Acts, such as the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc., the Criminal Act, or this Act" and "a person who applied for classification of an act or device subject to regulation or punishment under this Act." The game product of this case C of this case - The result of the game game of this case is determined generally in an flexible manner, and the profits and losses therefrom are generated.

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