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. From May 8, 2014, the Plaintiff is operating a dance institute (hereinafter “instant establishment”) with the trade name “C” in Daegu-gu B.
B. On May 20, 2014, around 20:30, the Plaintiff received a corrective order from the Defendant that “not to sell or provide alcoholic beverages or food at a business establishment” under Article 30 Subparag. 6 of the Sports Facilities Act, and issued a corrective order on the grounds that he/she failed to comply with the corrective order after selling re-food around May 25, 2014, on the grounds that he/she sold and supplied food at the business establishment of this case, and on the grounds that he/she failed to comply with the corrective order on May 24, 2014 (from June 30, 2014 to July 20, 2014).
C. On July 29, 2014, the Defendant: (a) sold drinking water at the instant establishment (hereinafter “instant violation”); (b) on August 27, 2014, pursuant to Article 32(2)5 and (3) of the Installation and Utilization of Sports Facilities Act; and (c) Article 27(1) [Attachment Table 7] of the Enforcement Rule of the same Act, on the ground that the Plaintiff sold drinking water at the instant establishment (hereinafter “instant violation”), the Defendant issued a disposition of business suspension 10 days (from September 7, 2014 to September 16, 2014) (hereinafter “instant disposition”).
On October 27, 2014, the Daegu Metropolitan City Administrative Appeals Commission dismissed the appeal.
(B) After this, the Defendant re-designated the period of suspension of business as of November 28, 2014 to December 7, 2012). [Grounds for recognition] The fact that there is no dispute, Gap evidence 1, 4, Eul evidence 1 through 5 (including each number), and the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion: (a) the Plaintiff only stored 4-5 disease in a cooling machine to smoothly supply raw water in a shot machine; (b) did not sell it; and (c) supported a person’s consciousness despite the difficult economic situation of the Plaintiff; and (d) closely reflects the error of this case.