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(영문) 서울고등법원 2017.12.12 2017누37477
등록취소처분취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Details of the disposition;

A. On July 3, 2015, the Plaintiff filed an application for the classification of “B” (hereinafter “instant game product”) which is the Plaintiff’s ice game product produced to the Defendant. The instant game product includes the function of storing points on the NAF card after identifying himself/herself through fingerprint recognition (hereinafter “instant function”).

B. On August 28, 2015, the Defendant rendered a decision to refuse rating classification of the instant game products (hereinafter “instant disposition”) on the ground that the Plaintiff’s application for rating classification on the game products under Article 22(2) of the Game Industry Promotion Act (hereinafter “Game Industry Promotion Act”) on the following grounds, deeming that the Plaintiff constituted “a person who applied for rating with respect to any act or device subject to regulation or punishment under the provisions of other Acts or this Act, a person who applied for rating without justifiable title, or a person who applied for rating in a false or other unjust manner, or a person who applied for rating with respect to game products that constitute speculative game products.”

The provision of a certificate indicating the outcome of a game can be used for money exchange, and thus, it is subject to subparagraph 7 of attached Table 2 of the Enforcement Decree of the Game Industry Act. - The game product of this case is in violation of the relevant item, since it functions to store and manage the result (mark) on the external RF card. The game product of this case is a rupture game with betting and dividends, and can run a rupture game by inserting the RF card with the result (bank score) in cash instead of cash. Therefore, the RF card with the result of the game is valuable property, and thus falls under the "private game product" of subparagraph 1-2 (a) of Article 2 of the Game Industry Act. Although the rating provision [Attachment Table 5] limits the initialization of the amount used, the game product of this case is early because the bank score and rupture score when storing the RF card.

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