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(영문) 서울행정법원 2019.08.23 2019구합309
등록취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 10, 2017, the Plaintiff registered an Internet computer game facility providing business under the Game Industry Promotion Act (hereinafter “Game Industry Promotion Act”) to the Defendant, and operated B in Seoul Jung-gu (hereinafter “instant PcC”).

B. On May 16, 2018, the Seoul Heavy Police Station notified the Defendant that “Around May 23, 2018, the Plaintiff purchased approximately KRW 70,000 points remaining after the Plaintiff used an exclusive game from customers in the instant PcC around May 8, 2018 and thus violated Articles 44(1)2 and 32(1)7 of the Game Industry Act.”

(hereinafter referred to as the "violation of this case"). (C) A violation of the above notification is committed.

Accordingly, on June 11, 2018, the Defendant notified the Plaintiff of the prior disposition that it would be expected to revoke the registration of Internet computer game providing business on the ground of violation of Article 32(1)7 of the Game Industry Act.

On June 21, 2018, the Plaintiff responded to the purport that “A police officer belonging to the Seoul Central Franc Police Station falls under his/her status and continues to request the exchange of game points on a monthly basis, which shall be limited to 70,000 won, which shall not constitute an illegal naval investigation and shall not constitute a ground for disposition.”

On July 24, 2018, the Seoul Northern District Court issued a summary order of KRW 3 million as a violation of the Game Industry Act with respect to the instant violation (Seoul Northern District Court Decision 2018Da6107). The Plaintiff appealed and filed an application for formal trial (Seoul Northern District Court Decision 2018Ma1133), but was sentenced to a fine of the same amount from the above court on November 22, 2018.

E. On January 11, 2019, Article 35(2)5 and 6 of the Game Industry Act, and Article 26 of the former Enforcement Rule of the Game Industry Act (amended by Ordinance of the Ministry of Culture, Sports and Tourism No. 347, Feb. 27, 2019; hereinafter the same) on the ground that “the Defendant violated Article 28 subparag. 2 and 32(1)7 of the Game Industry Act in relation to the instant violation.”

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