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(영문) 서울행정법원 2015.11.05 2015구합65629
게임제공업소개설승인처분 무효확인 등
Text

1. All plaintiffs' lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On January 22, 2009, the Mayor of Seoul Special Metropolitan City publicly announced the Seoul Special Metropolitan City Fropo-unit planning on the “Seoul Metropolitan Government Class I district unit planning” and topographic drawings around the GJ.

(hereinafter referred to as the “instant notice”). According to the instant notice, in order to improve the environment of the climate district through the improvement of the pedestrian environment through the promotion of university culture education in the vicinity of the G belt and the improvement of the pedestrian environment through the improvement of the street environment, the Seoul Jongno-gu Seoul Metropolitan Government designated the Class I district unit planning zone (hereinafter referred to as the “instant zone”) around the G belt as the Class I district unit planning zone around the G belt. In order to establish the Class I district unit planning (hereinafter referred to as the “instant zone”), among the Class II neighborhood living facilities in the commercial area among the specific-use area, the buildings for the use corresponding to the game room, funeral company, gun sales company, entertainment bar, and massage place were denied.

B. The Plaintiffs are residents residing in the instant district.

C. After the public notice of this case, the Defendant had provided oral guidance that the game provision facilities, including the PC room, constitute “game providing establishments among Class II neighborhood living facilities” as the non-permission purpose in the public notice of this case, and could not become new registration of the PC room.

Around April 30, 2015, the Defendant asked Seoul Special Metropolitan City about the scope of the above game providing businesses. On May 11, 2015, the Seoul Special Metropolitan City issued a notice of this case to the effect that it is not desirable to include both subparagraphs 6-2 (a), 7, and 8 of Article 2 of the former Sound Records, Video Products and Game Products Act (amended by Article 3 of the Addenda to the Promotion of Motion Pictures and Video Products Act, Act No. 7943, Apr. 28, 2006) in the game providing business and the general game providing business, and excludes the content providing business, composite distribution business, and all subparagraphs 6-2 (a), 7, and 8 of Article 2 of the current Game Industry Promotion Act (hereinafter “Game Industry Promotion Act”) in the above game providing business.

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