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

A. The Plaintiff is operating the “Curel”, a lodging establishment located in Daegu Dong-gu, Daegu-gu, (hereinafter “instant telecom”).

B. On December 14, 2015, the Defendant was notified of the violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. with the purport that “the Plaintiff committed an act of arranging sexual traffic around 00:30 on October 24, 2015” at the instant conference operated by the Plaintiff from the head of the Daegu East Police Station.

C. Accordingly, on January 19, 2016, the Defendant: (a) committed an act of arranging sexual traffic against the Plaintiff, who is a business operator of the instant franchise; (b) however, on the grounds that the Defendant was ordered to suspend indictment from the prosecutor, the Defendant issued an order to suspend business for 45 days in accordance with the relevant Acts and subordinate statutes stated in the separate sheet (hereinafter “instant disposition”).

The plaintiff appealed against the above disposition and filed an administrative appeal, but was dismissed on February 22, 2016.

[Ground of recognition] The fact that there is no dispute, Gap's 5, 6 evidence, Eul's 1, the purport of the whole pleadings and arguments

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion (1) The crackdown on the instant violation of the Act is unlawful by the police officer’s naval investigation.

(2) In light of various circumstances, such as the fact that the Plaintiff is living while operating the instant Moel claiming abuse of discretionary power, and where the disposition of suspension of business is executed, it is unlawful that the instant disposition was an abuse of discretionary power by excessively harshly treating the Plaintiff, and thus, it is unlawful.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. (1) As to the assertion of a naval investigation, it refers to the investigative method by which an investigative agency induces a person who does not have the original criminal intent to commit a crime by means of guiding the person, etc., and thereby arresting the criminal. Thus, if a person who has the criminal intent simply gives the person an opportunity to commit a crime or makes it easy to commit a crime, it is called a naval investigation.