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 operating a singing practice room with a trade name, “C” as the Goyang-gu building B and “C” in Goyang-gu, Yangyang-si.
B. At around 22:40 on December 29, 2016, D, the husband of the Plaintiff, arranged for a female entertainment loan to two male customers in the instant singing practice room, and was found to have sold alcoholic beverages. On November 15, 2017, the Defendant issued 40 days of business suspension pursuant to Article 27(1)5 and (3) of the Music Industry Promotion Act and Article 15(1) [Attachment 2] of the Enforcement Rule of the same Act on the ground that he/she committed an act of arranging a entertainment loan to the Plaintiff and selling alcoholic beverages to the Plaintiff, thereby violating the rules of practice of the singing practice room business operator (the first violation).
(hereinafter “instant disposition”). C.
D On March 17, 2017, due to the violation of the Music Industry Promotion Act, D received a summary order of KRW 2,500,000 from the Goyang Branch of the Jung-gu District Court (Seoul High Court Decision 2017 Goyang Branch 2017 Goyang Branch 514), and D filed an application for formal trial, and the said summary order became final and conclusive upon withdrawal of the application.
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 to 6 (including branch numbers, if any) and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion that the plaintiff's business was committed without any crackdownd on the same violation as in this case, and the violation in this case was committed because the plaintiff did not have a long demand of customers, and the plaintiff suffered economic difficulties, and the plaintiff's living could be difficult due to the disposition in this case, and the police officer from February 7, 2017 to the same year.
5. In view of the fact that, for a limited period of time up to 17.17., neither criminal punishment is imposed on the violation of the provision of alcoholic beverages in singing practice room nor employment, nor a special system was prepared to request local governments to exempt administrative disposition.