과징금부과처분취소
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 13, 2016, the Plaintiff succeeded to the status of the proprietor of the entertainment tavern (trade name: C; hereinafter “instant main store”) located in the Gu-si B from D on July 13, 2016.
B. On May 30, 2016, the Seoul Northern Police Agency notified the Defendant of “the discovery of suspicion of sexual traffic, etc. on March 8, 2016 at the main point of the instant case where D is a business proprietor.”
C. On June 7, 2016, the Defendant notified D of the fact that a disposition of business suspension for three months is taken pursuant to Article 4 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. and Article 75(1) of the former Food Sanitation Act (amended by Act No. 14022, Feb. 3, 2016; hereinafter the same), and notified D of the submission of opinions.
D on July 13, 2016, the Plaintiff transferred the instant main office to the Plaintiff, and received a disposition of suspending prosecution from the District Prosecutors' Office on August 1, 2016.
D On September 13, 2016, the prosecutor's office submitted a written opinion demanding the Defendant to impose penalty surcharges on the Defendant on the grounds that the prosecutor's office suspended indictment.
E. On September 19, 2016, the Defendant issued an order to the Plaintiff to take a measure of KRW 47,700,00 in lieu of a penalty surcharge of KRW 45 days of business suspension on the ground of arranging sexual traffic pursuant to Articles 75 and 82 of the former Food Sanitation Act and Article 89 [Attachment 23] II-3-14 of the Enforcement Rule of the Food Sanitation Act (i.e., the instant disposition (i., the annual penalty surcharge of KRW 1,060,000 based on annual sales 1,071,181,229 x 45 days) (hereinafter “instant disposition”).
[Reasons for Recognition] A. A. 1 to 4 evidence, and B. 1 to 6 evidence (including each number, hereinafter the same shall apply)
each entry, the purport of the whole pleading
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion or D, the former business operator of the instant main point, did not know about the arrangement of commercial sex acts. The head of the instant main point, at the request of customers, also mediates commercial sex acts regardless of the instant main point, and the Plaintiff had the main point taken over.