영업정지처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasoning of the court’s explanation concerning this case is as follows, and the court’s explanation is as stated in the reasoning of the judgment of the first instance except for adding or adding part of the judgment of the first instance as set forth in paragraph (2) below, and as such, adding or adding part of the judgment of the court of the first instance as set forth in paragraph (3). Thus, it is acceptable as it is in accordance with Article 8(2) of the Administrative Litigation
2. A portion used for adding or cutting;
A. The second page “(from February 27, 2013 to April 28, 2013)” was written with “(the period of suspension of business was from February 27, 2013 to April 28, 2013)” as “from November 18, 2013 to December 30, 2013 to February 27, 2014.”
(b) add “each entry in Category B 8-1 and 2” to not more than 18 of the second page [based on recognition].
(c) in Part 6, paragraph 9, “At the hearing procedures stationed by the Defendant on the same day,” “D has attended as an agent in the hearing procedures presided by the Defendant on the same day.”
The plaintiff voluntarily set forth in Part 7, “The plaintiff voluntarily set aside the hearing procedures or prosecutorial investigation or the party examination process in this Court,” in front of the 7th page “the plaintiff voluntarily set aside.”
3. Additional determination
A. The Plaintiff’s assertion was subject to a non-prosecution disposition that is suspected of having committed the act of arranging sexual traffic. In such a case, the Enforcement Rule of the Public Health Control Act provides that an administrative disposition may be mitigated, but it is illegal that the Defendant’s disposition of this case without any mitigation in accordance with the individual disposition standards under the above Enforcement Rule is an abuse of discretion.
B. (1) Determination is based on Article 19 of the Enforcement Rule of the Public Health Control Act (amended by Ordinance of the Ministry of Health and Welfare No. 185, Mar. 23, 2013) [Attachment Table 7].
Ⅰ. Paragraph 4 of this general standard is to the extent of 1/2 in a case where the violator has been sentenced to a disposition of suspension of indictment or a suspended sentence with respect to the violation.