영업소폐쇄처분취소
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 September 19, 190, the Plaintiff reported to the Defendant on September 19, 199 the business of the lodging establishment with the name of the business office C inn, location B in Jinju, and type of business, and operated the said accommodation establishment (hereinafter “instant establishment”).
B. On October 6, 2015, the Defendant rendered a disposition of business suspension three months (from October 14, 2015 to January 16, 2016) on the ground that the Plaintiff arranged sexual traffic at the instant establishment around August 17:10, 2015.
C. On August 2, 2017, the chief of the Jinju Police Station notified the Defendant of the fact that the Plaintiff had arranged sexual traffic at the instant establishment around June 22:40, 2017.
Accordingly, on April 9, 2018, the Defendant rendered a disposition to close down the place of business of the instant establishment (hereinafter “instant disposition”) on the ground that the Plaintiff was engaged in sexual traffic brokerage (second violation) at the instant establishment around June 22:40, 2017.
On the other hand, on February 5, 2018, the Plaintiff was issued a summary order of KRW 2,500,000 (the Changwon District Court Jinwon Branch Branch Decision 2017 Gowon Branch Decision 5219) due to the criminal facts stated in attached Table 1 on the intermediation of sexual traffic as of June 6, 2017.
[Reasons for Recognition] Each entry and whole purport of pleading as to Gap's 1 to 4, Eul's 2, 3, 6, 9, 12 (including branch numbers), without dispute
2. Attached Form 2 of the relevant Acts and subordinate statutes shall be as follows;
3. Whether the instant disposition is lawful
A. The Plaintiff asserts that the instant disposition was unlawful due to the absence of the grounds for the disposition, since the Plaintiff did not arrange sexual traffic to D around June 6, 2017, around 22:40.
B. According to the overall purport of the statements and arguments on the evidence Nos. 2, 5, and 6, the Plaintiff received KRW 50,000 from No. D on June 6, 2017, and caused the atmosphere under subparagraph E, and the Plaintiff committed Red Seas, and on the same day on the same day.