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(영문) 의정부지방법원 2019.05.16 2018구합15149

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. From October 20, 2017, the Plaintiff is operating a danran bar (hereinafter “instant main shop”) with the trade name of “C” on the level B and 2 from Seocheon-si around October 2017.

B. On July 9, 2018, the Defendant received a written petition from a person who was named on his/her name to the effect that “the employee of the instant main shop drinks as a customer and singings together with the customer,” and around June 23:24, 2018, the Defendant received from the person who was named on his/her name, “on June 22, 2018 and June 27, 2018,” and on August 1, 2018, the Defendant received a written petition from the Plaintiff that “the Plaintiff had engaged in entertainment entertainment by employing entertainment workers from the instant main shop around June 27, 2018,” and that “the instant disposition does not exceed one month business suspension under Articles 44(1) and 75 of the Food Sanitation Act (hereinafter “the instant disposition”).

[The facts without dispute over the basis for recognition, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. On the grounds delineated below, the instant disposition should be revoked on the ground that the Plaintiff’s assertion was unlawful.

1) The Plaintiff and D jointly operate the instant main points. The Plaintiff and D have only employed only those employees E who had not employed entertainment workers and attempted to ice on the day of the week and the day of the week.

B) On June 27, 2018, the Plaintiff and D and D, around 23:24, 2018, the Plaintiff and D and E provided the alcohol to the customers, but they cannot be deemed as entertainment entertainment entertainment. (c) Even if D’s act of drinking and dancing to the customers according to the alcohol is deemed as entertainment entertainment, it does not include an entertainment entertainment business operator’s own entertainment entertainment entertainment business operator’s act under Article 57 [Attachment 17] subparag. 7(l) of the Enforcement Rule of the Food Sanitation Act to be observed by business operators under Article 57 subparag. 7(1)1 of the Food Sanitation Act.