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

A. From June 2012, the Plaintiff operated the inn (hereinafter “instant inn”) with the trade name “C” in Jongno-gu Seoul (hereinafter “C”).

B. On July 2017, the Plaintiff was under the control of the fact that, in the instant inn, the Plaintiff received 40,000 won from many and unspecified persons and arranged sexual traffic.

C. On July 16, 2018, the Defendant issued a disposition of business suspension for three months (from August 1, 2018 to October 31, 2018) based on Article 11(1)8 of the Public Health Control Act and Article 19 of the Enforcement Rule of the same Act (hereinafter “instant disposition”).

【Ground of recognition】 The fact that there has been no dispute, Gap's No. 1, 2, 3, Eul's evidence No. 2 and the purport of whole pleadings

2. Whether the instant disposition is lawful

A. In light of all the circumstances, the Plaintiff’s assertion that the act of arranging sexual traffic had been conducted, but it is not a large number of times, but less economic benefits derived therefrom, and there are family members who need to support, etc., the instant disposition is unlawful as exceeding the scope of discretion or abuse of discretion.

(b) as shown in the attached Form of the relevant statutes;

C. Determination 1 as to whether a punitive administrative disposition exceeds the scope of discretion under the social norms or abused discretionary power ought to be determined by comparing and balancing the degree of infringement on public interest and the disadvantages suffered by an individual due to such disposition by objectively examining the content of the offense committed as the grounds for the disposition, the public interest to be achieved by the relevant disposition, and all relevant circumstances.

In this case, even if the criteria for punitive administrative disposition are prescribed in the form of Ordinance, it is nothing more than that prescribed in the administrative agency's internal rules for administrative affairs, and it is not effective externally to guarantee citizens or courts, and whether the pertinent disposition is legitimate or not.