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| TITLE | Supreme Court Decision 2004Du619 Delivered on June 14, 2007 [full Text] |
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| Summary | |
| [1] The legal nature of a determination and public notice of media materials determined to be harmful to juveniles and the requirements and time for such to take effect under the former Juvenile Protection Act [2] The requirements for a determination of invalidity as a matter of law of an administrative disposition based upon an unconstitutional or unlawful enforcement decree, and where a Supreme Court decision has not been delivered declaring that a provision of the enforcement decree is invalid, whether an administrative disposition based upon such enforcement decree may be deemed invalid as a matter of law (negative in principle) [3] Whether a provision of the former Enforcement Decree of the Juvenile Protection Act that includes ""promoting homosexuality"" as a specific criteria for determining whether media materials are harmful to juveniles is plainly unconstitutional/unlawful (negative), and whether a determination and public notice of media materials as being harmful to juveniles under the above provision is invalid (negative) [4] Where an administrative disposition is dispensed by public notice, the starting date from which the period of duly filing an action to invalidate the administrative disposition (held, starting date is the date on which the public notice or announcement takes effect) [5] Where a determination and public notice is made regarding internet website materials determined to be harmful to juveniles under the former Juvenile Protection Act, such determination takes effect when the public notice is made in the official gazette, regardless of whether an interested party was actually aware of the notice, and the fact that the party was not notified of the determination shall not constitute a justifiable reason for a failure to observe the filing period. | |
