영업정지처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is a person who, from April 3, 2017, had been engaged in accommodation business (norries) with the trade name “C” in a building located in Gangnam-gu Seoul Metropolitan Government B.
B. On December 3, 2016, D had been engaged in accommodation business with the trade name “E” until December 3, 2016, and D had been controlled by the brokerage of commercial sex acts against customers on December 3, 2016.
D transferred its business to F on February 3, 2017, when the measure was in progress on the grounds of the above sexual traffic mediation, F to G on March 16, 2017, and G to the Plaintiff on April 3, 2017.
C. On September 15, 2017, the Defendant issued a disposition of ordering the suspension of business for 135 days on the ground that the Plaintiff, who acquired the said business, was in violation of Article 11(1)8 of the Public Health Control Act by arranging sexual traffic between H and I on May 22, 2017 (hereinafter “instant disposition”).
【Ground of recognition】 The fact that there has been no dispute, Gap's 1, 5 evidence, Eul's 1 to 6, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. In light of the Plaintiff’s assertion ① the vehicle having experienced economic difficulties due to the Plaintiff’s failure to refuse the request of customers (a police officer’s assertion that he was a vessel) to act as a broker for sexual traffic, ② the first violation was a past business owner’s violation, ③ the disposition of this case may cause a significant difficulty to the Plaintiff’s livelihood, the instant disposition was beyond the scope of discretion or abuse of discretionary authority.
(b) The details of the relevant statutes are as shown in the attached statutes.
C. Whether a punitive administrative disposition exceeds the scope of discretion under the social norms, or abused discretionary power, is the reason for the disposition, and objectively examines the content of the offense committed as the reason for the disposition, the public interest intended to be achieved by the relevant disposition, and all relevant circumstances, and thereby, the degree of infringement on the public interest and the disadvantage that an individual