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 the trade name of “C Kinging practice room” (hereinafter “instant singing practice room”).
B. On April 29, 2015, around 00:50, the Plaintiff sold alcoholic beverages with a total of 12,000 won in the market price of beer 4 cans to two customers who entered the instant singing practice room, and it was discovered by the police that provided two female entertainment loans with a charge of KRW 25,000 per hour.
C. On June 10, 2015, the Defendant: (a) applied Article 22(1) of the Music Industry Promotion Act (hereinafter “ Music Industry Promotion Act”) to the Plaintiff on the ground that the Plaintiff sold alcoholic beverages and arranged a loan for entertainment in the instant singing practice room; (b) decided 30 days of business suspension corresponding to the primary violation in relation to the act of arranging a loan for entertainment; and (c) 10 days of business suspension corresponding to the primary violation in relation to the act of selling alcoholic beverages; and (d) rendered a disposition of business suspension for 40 days of business suspension (hereinafter “instant disposition”).
[Ground of recognition] Facts without dispute, Gap 1 to 4, Eul 1 to 4, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. At the time of the Plaintiff’s assertion, the instant disposition was reported at another entertainment establishment near the instant karaoke machine, and was discovered in the police control. Considering all circumstances, such as the Plaintiff’s forced sale of alcoholic beverages and entertainment arrangement by two customers in the name of the Plaintiff, and the Plaintiff is responsible for the livelihood of his family by running the instant karaoke machine, the instant disposition was excessively harsh to the Plaintiff, thereby abusing discretion.
(b) as shown in the attached Form of the relevant statutes;
C. We examine the judgment, and to prohibit the Music Industry Act from entering into a singing practice room with a view to maintaining a sound business order and preventing the infringement of public morals due to the change of occupation.