등록취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is a person who has operated a singing practice room with a trade name called “Ding practice room” as the Plaintiff’s Government-si C, 301, and 302.
B. On September 26, 2017, the Defendant issued a disposition of business suspension for ten days from July 26, 2017 to August 4, 2017 with respect to the Plaintiff’s sales of alcoholic beverages in the instant singing practice room (hereinafter “instant disposition”). However, on July 26, 2017, the Defendant revoked the registration of the singing practice room business (hereinafter “instant disposition”) on the ground that the Plaintiff was operating in the instant singing practice room around July 26, 2017.
[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2-5, Eul evidence 1, Eul evidence 2-2, Eul evidence 2-2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion: (a) the Plaintiff operated a business by misunderstanding that the business suspension period from July 26, 2016 to 00:00 begins on July 26, 2016; (b) in light of the fact that there was no intention to operate a business in violation of the business suspension order; and (c) the Plaintiff would suffer from a serious difficulty in living due to the instant disposition, the instant disposition was deemed to have exceeded the scope of discretion or abused discretion.
(b) Entry in the attached Form of relevant statutes;
C. 1) Sanctions against a violation of administrative laws and regulations may be imposed based on the objective fact of the violation of administrative laws and regulations in order to achieve administrative purposes. However, sanctions may not be imposed in extenuating circumstances, such as where there are circumstances that make it unreasonable for the violator to know his/her duty, or where there are extenuating circumstances, such as where it is unreasonable to expect the party to perform his/her duty, or where there are justifiable grounds that it is unreasonable to expect the party to perform his/her duty, etc. (see, e.g., Supreme Court Decision 2010Du24371, Jun. 28, 2012).