영업정지처분취소
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 February 1, 2019, the Plaintiff reported to the Defendant on the succession of business status and operates an entertainment drinking house (hereinafter “instant business”) with the trade name “C” in Seo-gu Incheon, Seo-gu.
B. On April 1, 2020, the Commissioner of the Incheon Metropolitan City Local Police Agency requested the Defendant to take administrative measures by notifying the Defendant of the control of the act of arranging sexual traffic at the instant establishment on February 5, 2020 and the investigation results.
On February 4, 2020, the Plaintiff: (a) placed D as the head of the instant business establishment; (b) had D employ female employees, and had D engage in the act of arranging sexual traffic called so-called “second-party (second-party)” to the male guests who found the said entertainment drinking house; (c) had the said female employees provide entertainment services, such as the oral intercourse; (d) had the said female employees provide entertainment services; and (e) had male guests move along with the said female employees to the conference room located in the same building as the said entertainment drinking house, and (e) had them conduct sexual traffic, such as arranging sexual traffic, by way of having them receive KRW 150,000 or KRW 250,000 from the said male guests with the said female employees.
Pursuant to the above business method, around February 5, 2020, the Plaintiff and D engaged in the act of arranging commercial sex acts, etc. by introducing the said female employees to police officers who pretended to receive the above female entertainment bars around February 5, 2020.
C. The Plaintiff and its employees D constitute the instant violation under the following criminal facts:
A) On July 9, 2020, this Court was prosecuted on charges of violating the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (the Act on the Punishment of Commercial Sex Acts, Etc.). On July 9, 2020, the above court was sentenced to a fine of KRW 3 million and a fine of KRW 1.5 million, respectively. The above judgment was appealed by both parties, and is currently in the appellate court (the court is in progress 2020No297).
The defendant is against the plaintiff on April 27, 2020.