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(영문) 서울행정법원 2015.01.08 2014구합64902

영업정지처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On July 11, 2013, the Plaintiff filed a report on accommodation business with respect to “Curmoel” located in Gangnam-gu Seoul, Seoul, 4, 5, and 6 floors (hereinafter “the instant cartel”).

B. On March 6, 2014, the Commissioner of the Seoul Special Metropolitan City Police Agency requested the Defendant to take administrative dispositions against the Plaintiff when notifying the Defendant that “D and manager D and E, the actual operator of the instant cartel, provided a place for sexual traffic to customers on November 4, 2013, in violation of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. (hereinafter “Act on the Punishment of Commercial Sex Acts, Etc.”).

C. On August 6, 2014, the Defendant rendered to the Plaintiff a disposition of business suspension for two months (hereinafter “instant disposition”) in accordance with Article 11(1) of the Public Health Control Act and Article 19 of the Enforcement Rule of the same Act, on the ground that the instant cartel was provided to the Plaintiff as a sexual traffic place.

E was suspended from indictment on July 10, 2014 by the Seoul Central District Prosecutors' Office on the violation of the Act on the Punishment of Commercial Sex Acts (such as arranging commercial sex acts).

D On July 8, 2014, at the Seoul Central District Prosecutor’s Office, replied to the question “for example,” “a suspect was sentenced to imprisonment for 10 months and fines for 7,00,000,00 won as stated below (hereinafter “instant criminal facts”) in the Seoul Central Prosecutor’s Office of Criminal Procedure, with the knowledge that he/she was to be used as a sexual intercourse place from November 2012 to November 4, 2013, and that he/she provided guest rooms to women and customers, and recognized the fact that he/she received accommodation charges.” On November 14, 2014, in the Seoul Central District Court Decision 2014Da4597, Seoul Central District Court Decision 2014No4758, Jun. 14, 2014, the following criminal facts (hereinafter “instant criminal facts”) were punished by imprisonment for a violation of the Commercial Sex Act (i.e., arranging commercial sex acts), and D appealed appealed.

D is a person who operates the franchise of this case in Gangnam-gu Seoul Metropolitan Government, and as a manager in the above Mourel, it is necessary to calculate the fee and check guest rooms.