beta
(영문) 수원지방법원 2015.12.18 2015구단1506

영업정지처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On November 12, 2014, the Plaintiff operated “C singing practice room” (hereinafter “instant singing practice room”) in the Gyeonggi-si B and the second floor of Gwangju-si. D, the mother of the Plaintiff, who was on his own, operated in a singing practice room, arranged two singing practice rooms to two customers, and sold four cans for beer.

B. On February 12, 2015, the Defendant rendered 40 days of business suspension pursuant to Articles 27(1)5 and 22(1)3 and 4 of the Music Industry Promotion Act (hereinafter “ Music Industry Promotion Act”) and Article 15(1) [Attachment 2] of the Enforcement Rule of the same Act, on the ground that the Defendant arranged the Plaintiff to provide customers with musical services and sold the beer, who are alcoholic beverages.

C. On April 29, 2015, the Gyeonggi-do Administrative Appeals Commission filed an administrative appeal and rendered a ruling to change the business suspension of 40 days to 30 days.

(hereinafter referred to as "the disposition of this case") d.

Meanwhile, as seen above, D, the Plaintiff’s mother, received a summary order of KRW 1 million in the Sungnam branch of the Suwon District Court, and the said summary order became final and conclusive as it is, with respect to the instant singing practice room as seen above, as to the sales of alcoholic beverages.

[Ground of recognition] Evidence No. 1-2, Evidence No. 2, Evidence No. 2, Evidence No. 7, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. In light of the Plaintiff’s assertion that the Plaintiff’s guest first actively demanded good offices and the sales of alcoholic beverages, the Plaintiff’s violation is relatively minor, and the Plaintiff’s disadvantage, such as the closure of a singing practice room, etc., that is, it is unlawful to deem that the instant disposition was excessively excessive, and thus, it deviates from or abused the Defendant’s discretion.

B. The Music Industry Act provides a loan to a singing practice room. The music industry provides a loan to a singing practice room.