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(영문) 인천지방법원 2016.04.05 2015구단1813
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. The Plaintiff reported the succession to the status of business operator on September 29, 2008, and operated “Cnins house” in Bupyeong-gu Incheon Metropolitan City (hereinafter “Cns house”).

B. The Plaintiff asked D, a long-term guest, to assist in the instant female accommodation business, and D, on the ground that “D, around March 24, 2014, received 40,000 won from a police officer belonging to the Incheon Southern Police Station and provided the said police officer with guidance to engage in sexual intercourses with women and sexual intercourses, thereby arranging sexual intercourses.”

'the act of arranging the above sexual traffic' is a violation of this case.

(C) On December 11, 2014, the Defendant: (a) on the ground of the instant violation against the Plaintiff, Article 11(1) of the Public Health Control Act; and (b) Article 19 [Attachment Table 7] of the Enforcement Rule of the same Act

Ⅱ Individual Standards

1. Based on Article 2(2)(b) of the Lodging Business Act, a person who was sentenced to a suspended sentence in the instant case No. 2015No1950, Sept. 18, 2015, on which D had committed the instant violation on September 18, 2015, and on September 23, 2015, the said two months of business suspension was changed to one month of business suspension.

The Plaintiff was dissatisfied with the disposition of the business suspension of one month and filed an administrative appeal with the Incheon Metropolitan City Administrative Appeals Commission, but was ruled dismissed on October 26, 2015.

E. On November 20, 2015, the Defendant rendered a disposition of suspension of business (hereinafter “instant disposition”) again by changing the period of suspension of business from December 15, 2015 to January 13, 2016, pursuant to the Incheon Metropolitan City’s rejection ruling by the Incheon Metropolitan City Administrative Appeals Commission.

F. Meanwhile, on the ground that the Plaintiff, on June 25, 2010, engaged in the act of arranging sexual traffic to a guest, etc., two months of business suspension from July 5, 2010 to July 5, 2010.

9.4.) Any electricity subject to a disposition. [The fact that there is no dispute over the grounds for recognition, Gap evidence 1 through 3, Eul evidence 1 through 3, and the purport of the whole pleadings;

2. The case.

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