beta
(영문) 광주지방법원 2015.06.04 2014구단680

영업취소처분취소

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 July 2013, the Plaintiff operated the instant singing practice room by changing the name of the operator of the singing practice room “C” in Seo-gu, Seo-gu, Gwangju from D (the Plaintiff’s de facto spouse) to the Plaintiff.

B. At around 00:50 on July 18, 2013, the Plaintiff arranged one contact loan in the above singing practice room, but was found to the police, and the said contact loan was identified as E (n, 18 years old) as a juvenile.

C. On September 1, 2014, the Defendant rendered the instant disposition revoking the registration of a singing practice room business as of September 2, 2014 by applying Article 27(1)5 of the Music Industry Promotion Act to the Plaintiff on the ground that it arranged a juvenile entertainment loan.

【Ground of recognition】 Evidence Nos. 1, 2, and 8 (including each number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion (i) at the time of the instant case, the status of the status of the status of the status of the said status in the aftermath of the 20th century was considered to be the appearance of the second half. Although the said D asked several questions to verify the age of the said E, it was extremely impossible to confirm the age of the said E, such as the heavy snow snow snowing of the said status, etc., and so, the Defendant's disposition of the instant case on a different premise was unlawful.

SheB even if the grounds for the instant disposition are recognized, considering various circumstances, such as the Plaintiff at the present location where the person with bad credit standing was currently in an economically difficult situation and the Plaintiff and the said D lose their sole means of living that invested considerable funds due to the instant disposition, the instant disposition by the Defendant is unlawful as it constitutes a case of deviation or abuse of discretionary power.

(b) Entry in the attached Form of relevant statutes;

C. (1) Sanctions against violations of administrative regulations are based on the objective fact that administrative regulations are violated in order to achieve administrative objectives.