영업정지처분취소
1. The plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Details of the disposition;
A. The Plaintiffs are persons running an entertainment tavern (hereinafter “instant entertainment tavern”) located in the Seoul Mapo-gu Seoul Metropolitan Government F, 1 and 2 floors.
B. On July 24, 2017, the Defendant rendered a disposition to the Plaintiffs for the first detection of the arrangement of commercial sex acts (around 00:30 on September 2, 2016, the head of H, who manages the instant entertainment tavern, receives 2.40,00 won from the J as the drinking value and the price for commercial sex acts, and arranges sexual intercourse or similar intercourse in an adjacent hotel) for three months of business suspension (hereinafter “instant disposition”).
C. On April 13, 2017, H received a summary order of KRW 5 million (Seoul Southern District Court Decision 2017Da3675) (Seoul Southern District Court Decision 2017Da3675) as a crime of violating the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. with respect to the said act of arranging commercial sex acts, and the said summary order was finalized on April 27, 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. For the following reasons, the instant disposition should be revoked in an unlawful manner.
1) Even if K and L were to engage in an act of sexual intercourse or similarity, which is a customer, K and L are private sexual intercourses, and it is merely private sexual intercourses, and H and the plaintiffs do not arrange sexual intercourses. 2) Even if H mediated the said sexual intercourses, it is merely an act of arranging sexual intercourses with H’s personal sexual intercourses, and there is no fact that the plaintiffs arranged or ordered sexual intercourses.
B. In addition to the written evidence Nos. 7, 11 and 12 of the judgment, the purport of the entire argument is as follows: (1) K and L, which cause entertainment entertainment drinking club in the instant case, resulted in sexual traffic by H’s solicitation; and (2) K and L moved from the instant entertainment drinking club to the hotel with the hotel, using vehicles of the said entertainment drinking club; and (3) the prosecution suspended indictment on the grounds as above.