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(영문) 서울행정법원 2017.10.27 2017구합62556

영업소폐쇄처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On November 201, the Plaintiff leased the instant building B (hereinafter referred to as “instant building”) from C, the owner of the building, and operated a mutual accommodation (hereinafter referred to as “Dn” in the instant building from November 25, 201 to February 27, 2016.

On May 21, 2015, the Plaintiff was sentenced to a fine of KRW 1.8 million for a violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (the Act on the Punishment of Commercial Sex Acts, Etc.) that “the act of arranging sexual traffic was committed at the instant female district court.”

On November 2015, the defendant issued a disposition of business suspension in relation to the act of arranging sexual traffic to the plaintiff.

On May 24, 2016, the chief of the Seoul Southern Police Station notified the Defendant of the violation of the following: “The Plaintiff, in collusion with E in which the instantns are practically jointly operated, provided that female employees G have arranged to engage in commercial sex acts in collusion with E on March 24, 2016, at around 01:00, female employees G in return for payment from F who is a customer.”

On March 31, 2017, the Defendant issued a disposition to close a place of business (on April 28, 2017, the closing date) on the ground that the Plaintiff violated the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (hereinafter referred to as the “Act on the Punishment of Commercial Sex Acts”).

(hereinafter “Disposition in this case”). [The ground for recognition] did not dispute, Gap evidence Nos. 1, 2 (including numbers), Eul evidence Nos. 1, 2, and 4, Eul evidence Nos. 1, 2, and 4, and the court’s significant facts, and the purport of the entire pleading as to whether the disposition in this case is legitimate or not, the plaintiff asserted that the disposition in this case was legitimate, and after he received a disposition of business suspension for three months, the plaintiff sublet the building in this case to E and did not participate in the operation of the houses, and before E reports on the succession of the women in this case

The instant building was designed for the purpose of inn business, and due to the instant disposition, C, the owner of the instant building, is responsible for himself.