노래연습장업 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. The Plaintiff is running a singing practice room with a trade name called “D-sing practice room” as the Plaintiff’s Government C and 501.
B. Around 21:00 on July 23, 2017, the Plaintiff received 95,000 won from two male customers in the instant singing practice room, and arranged two female entertainment loans, and was found to have sold bottle 3 diseases. Accordingly, on October 20, 2017, the Defendant issued a disposition of suspension of business 40 days pursuant to Article 27(1)5 of the Music Industry Promotion Act, Article 15(1) [Attachment 2] of the Enforcement Rule of the same Act, on the ground that the Plaintiff engaged in entertainment loans and sales of alcoholic beverages to the Plaintiff, thereby violating his/her obligations (the first violation).
(hereinafter “instant disposition”). C.
On December 21, 2017, the Plaintiff received a summary order of KRW 2 million from the Jung-gu District Court due to the violation of the Music Industry Promotion Act (Seoul District Court Decision 2017 High Court Decision 2017 High Court Decision 16581), and the said summary order was finalized on January 10, 2018.
The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Gyeonggi-do Administrative Appeals Commission, and the Gyeonggi-do Administrative Appeals Commission dismissed the said appeal on January 22, 2018.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 7 (including branch numbers, if any) and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. Considering the fact that the Plaintiff’s assertion that the Plaintiff’s business was in operation and there was no crackdown on the same violation as the instant case, and that the crackdown by the Plaintiff was under the so-called naval control upon the continuous demand of the so-called “Nompha” employed by the proprietor of the entertainment drinking house business, and that the disposition of the instant case might cause difficulties in maintaining the livelihood of the Plaintiff and his family members, the instant disposition is an abuse and abuse of discretion, and thus, ought to be revoked.
(b) An entry in the attached Form of relevant statutes;