시설개수명령처분 등 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On July 24, 2014, the Plaintiff reported succession to the status of a general restaurant business operator in the name of “C” from Jinju-si B, and operates the main place (hereinafter “instant main place”).
B. On November 29, 2014, the Plaintiff: (a) installed a music room, sound device, special lighting facility, etc. within the instant main point; and (b) allowed customers to dance in the front space of the stage; and (c) was discovered to the police as a fact that the Plaintiff operated entertainment tavern type business without obtaining an entertainment tavern business license.
C. On February 27, 2015, the Defendant notified the head of the Jinju Police Station of the aforementioned violation of the Food Sanitation Act, and ordered the Plaintiff to repair the facilities that order the Plaintiff to “a business which is in conformity with the legal standards by correcting the business permitted to dance by the descendants” (hereinafter “instant disposition”), and to remove the facilities of use different from the reported business such as musical boxes and LED lighting fixtures, or improve the legal standards by separating them from general restaurants.”
The Plaintiff was dissatisfied with the instant disposition and an order to repair facilities, and filed an administrative appeal with the Gyeongnam-do Administrative Appeals Commission, but the said appeal was dismissed on April 29, 2015.
E. Meanwhile, on August 24, 2015, the Defendant revoked ex officio the order to repair the above facilities.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 through 6, and 8 (including each number in the case of additional statements), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion is merely for the musical stuff or LED lighting devices to the customers, or for the interior and atmosphere of the main points of this case. The Plaintiff’s assertion is the instant case.