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(영문) 의정부지방법원 2020.11.03 2017구합13245
영업소폐쇄처분취소
Text

On June 16, 2017, the defendant's disposition of closing a business office against the plaintiff shall be revoked.

Costs of lawsuit shall be borne by the defendant.

Reasons

1. Details of the disposition;

A. On July 6, 1991, the Plaintiff completed the report on the public health business (or accommodation business) and operated the “C inn't (hereinafter “Cn')” in Namyang-si, Namyang-si.

B. On May 15, 2017, the chief of the Namyang-ju Police Station notified the Defendant that “The Plaintiff, from March 12, 2017 to 02:00, notified the Defendant that “The Plaintiff violated Article 30 subparag. 8 of the Juvenile Protection Act by allowing four juveniles to have sexual intercourse with the instant female sexual intercourse.”

C. On June 16, 2017, pursuant to Article 11(1)8 of the former Public Health Control Act (amended by Act No. 15184, Dec. 12, 2017; hereinafter the same), the Defendant issued a disposition to close the place of business (the closing date: July 7, 2017) to the Plaintiff regarding the instant inns (hereinafter “instant disposition”).

The Plaintiff filed an administrative appeal with the Gyeonggi-do Administrative Appeals Commission on the instant disposition, but was dismissed on August 28, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 3, 5 and 6, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. At the time of the Plaintiff’s assertion, some of the juveniles who were admitted to the Plaintiff’s inns were deprived of the Plaintiff by presenting a forged identification card to the Plaintiff, and some of the juveniles were arrested by the Plaintiff. As above, they entered the Plaintiff’s room for deceiving the Plaintiff.

Therefore, it cannot be said that the plaintiff did not have had juveniles familiar with men and women in violation of the Juvenile Protection Act.

Furthermore, the defendant's disposition of closure of the largest place of business among the sanctions is abuse of discretion.

(b) as shown in the attached Form of the relevant statutes;

C. On May 17, 2017, a summary order was filed against the Plaintiff on May 17, 2017. The instant case was submitted to the trial proceedings.

The Defendant (the Plaintiff, the same hereinafter) is a person operating the instantns.

Anyone shall be detrimental to public morals, such as forcing juveniles to sleep in sexual intercourses.

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