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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 30, 2016, the Plaintiff developed the game product “B” (hereinafter “instant game product”) and applied for a rating classification to the Defendant (hereinafter “instant application”).
A rating application is made for game products that can be stored and reusable using the fingerprints recognition type of the game machine, SAVE function, business owner's ICT card, - C credit points are returned to the user and are stored (Save points) only through Save functions and fingerprint recognition and are possible to reuse the game - The game progress is not recorded in OIDD by taking into account the following matters (i.e., failure to comply with the OID communication specifications) and by taking into account the fact that the contents of the game progress are not recorded in Bank (Save points) or reusable(save points through the business owner's own card) and the aforesaid matters (i.e., non-compliance with the OID communication specifications) pursuant to Article 22 (2) of the Game Industry Promotion Act (hereinafter referred to as the "Game Industry Promotion Act").
B. On October 14, 2016, the Defendant rendered a disposition rejecting the rating classification of the instant game products for the following reasons.
(hereinafter referred to as "the Disposition in this case"). / [Grounds for Recognition] without dispute, each entry in Gap evidence Nos. 1 and 2 (including each number), and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1 that the game work of this case can be input only below KRW 10,00 per hour, and the storage and reuse function of the Bank score is used only for the game to be done again by the user himself/herself through the unique password and fingerprint recognition. In the case of an IC card, it is used only for the purpose of using the game providing business operator only and moving the points to another game machine, and there is no device that directly pays money or free gifts to the user.