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(영문) 의정부지방법원 2016.04.20 2015구단1838

영업정지처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is running a “C karaoke machine” (hereinafter “instant karaoke machine”) in Namyang-si, Namyang-si.

B. On April 6, 2015, at the instant singing practice room around 23:01, the Plaintiff arranged two customers to engage in singing practice, sold 4 cans for beer, but was discovered at the Namyang Police Station. On June 29, 2015, the Defendant issued a disposition of business suspension 40 days against the Plaintiff on the ground as above.

(hereinafter “instant disposition”). C.

The plaintiff filed an administrative appeal. On September 24, 2015, the Gyeonggi-do Administrative Appeals Commission made a ruling to change the disposition of 40 days of business suspension to 30 days of business suspension.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, 2, Eul evidence 1 to 6, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff's assertion that the plaintiff supported his parents with the husband of the 6th degree of delay disability with the father of the 6th degree of disability, and thus his livelihood is threatened by the disposition of this case. The defendant's disposition of this case which did not consider it at all is too excessive and illegal to deviate from or abuse the defendant's discretion.

(b) as shown in the attached Form of the relevant statutes;

C. The legislative intent of the Music Industry Act prohibiting a contact loan in a singing practice room is to maintain a sound business order and prevent it from undermining public morals due to a change of business. The system of business suspension, etc. is to ensure the effectiveness of regulations for public interest. The Plaintiff violated such public interest and committed an act of arranging a contact loan in a singing practice room, and the degree of violation of the relevant laws and regulations cannot be deemed to be less severe, and there is a need to enforce the relevant laws and regulations strictly even in order to prevent other similar cases from spreading and maintain equity.