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(영문) 대전지방법원 2019.02.21 2017구단100163
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. On August 29, 2016, the Plaintiff was identified by the competent police station as a person running the Cpiced Zone in Daejeon-gu, Daejeon-gu (hereinafter “instant room”), and on August 29, 2016, three persons, including D, who are ten years of age or older, (hereinafter “juveniles of this case”), including D, etc. (10 years of age or older,”) using “E” (hereinafter “the instant game”).

B. On December 13, 2016, the Defendant issued a disposition of the suspension of business for one month (hereinafter “instant disposition”) pursuant to Article 32(1)3 of the Game Industry Promotion Act (hereinafter “the instant violation”), Article 35(2) of the same Act, and Article 26(1) of the Enforcement Rule of the same Act, by providing the Plaintiff with game products for use in violation of the rating classification.

C. The Plaintiff filed an administrative appeal against the instant disposition. On January 23, 2017, the Daejeon Metropolitan Administrative Appeals Commission rendered a ruling to reduce the period of business suspension from one month to 15 days.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 7, 8, Eul evidence Nos. 1, 2, 3, 5, and 11, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion 1) The non-existence of the grounds for disposition in the instant case was F (a person who provided the instant game by accessing the homepage of the limited liability company and using the already registered account) which is the game producing and supplying company of this case, and thus, provided the instant game with facilities available for the instant game. Even if it is not so, the Plaintiff did not know that the instant juveniles used the instant game in violation of the rating classification, and thus, it is deemed that the instant juveniles provided the instant game to the juveniles for the use of the instant game.

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