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(영문) 서울행정법원 2017.04.21 2016구합62993
시정요구 처분 취소 청구의 소
Text

1. The Defendant, on March 24, 2016, (i) KT, (ii) KSN Co., Ltd., (iii) KSV, and (iv) KSV Co., Ltd.

Reasons

1. Details of the disposition;

A. The Plaintiff is a person of the English nationality residing in the United States, who operates the B website (C; hereinafter “instant website”).

B. On March 24, 2016, the Defendant offered a system of anti-government organizations (North Korea), unilateral caution, or a content of praiseing and melting D day-to-day prices, which are prohibited acts under the National Security Act, on the grounds that the website of this case was provided, the Defendant: (a) applied Article 44-7(1)8 of the former Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Amended by Act No. 14080, Mar. 22, 2016; hereinafter “Information and Communications Network Act”); (b) Article 7 of the National Security Act; and Article 6 Subparag. 4 of the Review Regulations on Information and Communications Network; and (c) Article 6 Subparag. 4 of the National Security Act regarding nine network operators, such as K, and (e) applied the instant disposition to block the instant website (hereinafter “instant request for correction”).

C. On April 18, 2016, the Plaintiff filed an objection against the instant disposition with the Defendant, but the Defendant dismissed it on May 3, 2016.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 4, Eul evidence 2 and 3, the purport of the whole pleadings

2. To make entries in the attached statutes concerned;

3. The defendant's judgment on the defendant's main defense is that the other party to the disposition of this case is the network business operator of this case who is not the plaintiff and the plaintiff is a third party, and the plaintiff cannot be deemed to have infringed legal interests due to the disposition of this case. Thus, the lawsuit of this case is

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