In cases where it is obvious that the title of a periodical is likely to undermine social order, whether the registration may be refused (affirmative)

According to the title of the periodical, unlike the film or video tape or clothes using the trademark, it is obvious that the periodical using the title of the "PP" might impair the sound social order of our country. Furthermore, if the registration of the said periodical is permitted, the registration of the same periodical cannot be permitted, and it is sufficiently anticipated that the registration of the same periodical in our country would cause the inundation of obscene and obscenity periodicals, since it is sufficiently anticipated that the original content of the "PPP" or the original content of the original content of the publication is widely known to the general public, and in particular, the symbol of the "PP" as the title of the periodical is used in the trademark, unlike the symbol of the film or video tape or clothes using the trademark.

Articles 7(1) and 12(2) of the former Registration of Periodicals Act (amended by Act No. 5620 of Dec. 31, 1998)

Supreme Court Decision 91Nu5495 delivered on April 28, 1992 (Gong1992, 1741) and Supreme Court Decision 96Nu13286 delivered on April 24, 1998 (Gong1998Sang, 1508)

Plaintiff Co., Ltd. (Attorney Hong-soo, Counsel for plaintiff-appellant)

The Minister of Culture and Tourism (former: the Minister of Information)

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

On July 18, 1997, the defendant's disposition of rejecting an application for registration of Korean Rolass against the plaintiff shall be revoked.

1. Details of the disposition;

The following facts are not disputed between the parties, or may be acknowledged by comprehensively considering the whole purport of the pleading in Gap evidence Nos. 1 through 5, Eul evidence Nos. 2 and 3, and no other counter-proof exists:

(1) The Plaintiff is a corporation established for the purpose of publishing a magazine and the business related thereto. On June 20, 1997, the Plaintiff requested the alteration of title for the reason that the title "Plaboy" was recognized as the symbol of obscene and obscenity magazines to the general public before the correction was defective in the application for registration of periodicals to the Defendant before the correction, and that the title "Plabo" was recognized as the symbol of obscene and obscenity magazines. However, on July 2 of the same year, the Plaintiff notified the Defendant that the instant periodical that it was published was not imported and sold as it was not imported and sold as it was, but it was planned to extract photographs and articles suitable for domestic law and domestic sentiments and publish its own news as a high-class gender-sensitive newspaper, and that the modification of title was impossible on the ground that the conclusion of the contract was made on the premise that it was made with the U.S. display director and the title director.

(2) The Minister of Information, on July 18, 198, rejected the Plaintiff’s application for registration (hereinafter the instant disposition) on the ground that the “probed obscenity” is a representative obscenity and obscenity periodical in which women are commercialized, in violation of the legislative purpose of “the right to pursue happiness of women and the right to equality and the sound development of the press” as stipulated in Article 1 of the Registration, etc. of Periodicals Act (hereinafter “The Act”), and that the registration of the instant periodical by applying the current law which maintains the registration system only technically and technically, is highly likely to encourage the inundation of other obscenity and lass, and that its side effects such as damage to cultural identity, prejudice to social ethics and sound public morals, and infringement of women’s rights and interests, etc. are very high.

2. The parties' assertion

The plaintiff, upon receipt of an application for registration of a periodical, has the duty to promptly issue a registration certificate in the absence of any error by ascertaining only whether the periodical is registered or not that is identical with or likely to be confused with all the matters stipulated in Article 7 of the Publication Act. In addition, the plaintiff's application for registration of the periodical of this case satisfies all the requirements stipulated in Article 7 of the Publication Act, and since the periodical of this case is planned to be published as a content consistent with domestic law rather than translation of the U.S. edition as it is, it is expected that the publication of the periodical of this case can contribute to the development of a sound press rather than impairing the public morals. In light of the above, the plaintiff asserts that the disposition of this case is unlawful regardless of

As to this, the Defendant first asserts that the instant disposition was lawful, since the license agreement between the Plaintiff and the U.S. Rolass on the instant periodical between the Plaintiff and the U.S. Rolass terminated at the end of 1997, the instant lawsuit is deemed unlawful as there is no interest in the lawsuit, and even if not, it is lawful as it was made in accordance with the grounds for the instant disposition and relevant statutes.

3. Judgment on the defendant's main defense

On October 14, 1996, the Plaintiff entered into a contract with the U.S. Roster, an adult magazine widely known all over the world, to publish and distribute the instant periodicals in Korea with some pictures and articles provided by the non-party company. If the Plaintiff did not publish and distribute the said periodicals in our country by December 1, 1997, the Plaintiff agreed to allow the non-party company to terminate the said contract (2.d.) and the fact that the Plaintiff did not publish and distribute the said periodicals in Korea by the above deadline is not a dispute between the parties, but there is no ground to view that the existence of the contract between the Plaintiff and the non-party company is the premise for registration of the periodical, in light of the fact that the existence of the contract between the Plaintiff and the non-party company is merely an internal issue between the Plaintiff and the non-party company. Thus, the Defendant’s defense of the instant disposition cannot be concluded to have no interest in the safety of the lawsuit.

4. Whether the instant disposition is lawful

(a) Relevant statutes;

Law of Fixedness

Article 1 [Purpose] The purpose of this Act is to promote the sound development of the press by prescribing matters concerning newspapers, communications, magazines, and other publications regularly published.

Article 7 (Registration) (1) Any person who intends to publish a periodical shall register the following matters with the Minister of Information under the conditions as prescribed by the Presidential Decree. The same shall also apply to any modification to registered matters: Provided, That this shall not apply to a case where the State or a local government issues it for the purpose of distributing it to its members free of charge, or where pure learning materials or commercial advertisements are published:

1. Title;

2. Classification and publication;

3. Address, name, and date of birth of publisher, editor, and printer (in cases of a juristic person or organization, its name and location of the principal office, and address, name and date of birth of its representative);

4. Location of the publishing office;

5. Determination form;

6. Fishing used;

7. Purpose and details of publication;

8. Methods of distribution, its main target and area;

9. In cases of daily newspapers or communications, facilities falling under the provisions of Article 6 (3).

(4) In registering periodicals under the provisions of paragraph (1), the Minister of Information shall deliver a registration certificate without delay.

(7) Any periodical that is identical or similar to the title of any periodical that has already been registered and that can be confused may not be registered.

Article 12 (Request, etc. for Revocation of Registration) (2) In case where a person who has registered a periodical under the provisions of Article 7 (1) falls under any of the following subparagraphs, the Minister of Information may order the suspension of publication of the periodical concerned for a fixed period of not more than six months (in case of a periodical which is issued not more than every other month, not more than six times) or request the court to judge the

1. Where he has registered by deceit or other unlawful means;

2. When contents of a periodical seriously and repeatedly violate the registered purpose or contents of publication;

(b) Markets:

The purpose of the periodical law is to promote the sound development of the press by prescribing the matters concerning periodicals (Article 1), and the registration authorities may request a court for the cancellation of registration in cases where the publisher is registered by deceit or other unlawful means or the contents of periodicals are substantially and repeatedly violated the purpose or contents of publication registered (Article 12(2)). In light of the fact that the registration authorities may refuse the registration in cases where the title or publisher of the periodicals applied for registration in accordance with the law and regulations are obviously likely to violate other Acts and subordinate statutes or undermine social order (see Supreme Court Decision 96Nu13286 delivered on April 24, 1998).

As to this case, in full view of the whole purport of oral argument, the following facts are acknowledged: (a) film produced by the non-party company is displayed or leased at the theater in the Republic of Korea after obtaining a recommendation for import from the non-party company; (b) clothing, music, etc. attached with the trademark are sold in the Republic of Korea; (c) there is no counter-proof; (d) in full view of the aforementioned written evidence No. 2 and evidence No. 2, the "proving" is widely known as the name of the magazines for adults; (d) it is widely known as the representative obscene and lass book; and (e) it is highly probable that the defendant's registration of the periodicals for the purpose of the advertisement No. 18 countries can be widely announced to the general public; and (e) it is evident that the defendant's registration of the periodicals of this case could not be widely announced as the general public in light of the fact that the defendant's registration of the periodicals of this case is likely to refuse to use the periodicals as the original content of the periodicals in question.

Therefore, the defendant's disposition of this case is legitimate, and the plaintiff's above assertion is without merit on different premise.

5. Conclusion

Therefore, the plaintiff's claim of this case seeking revocation on the premise that the disposition of this case is unlawful is dismissed as it is without merit, and the costs of lawsuit are assessed against the plaintiff who has lost. It is so decided as per Disposition.

Judges Yellow-Jin (Presiding Judge) Dool-Jin-Jin-Jin