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(영문) 서울행정법원 2017.02.02 2016구단64695
영업정지처분취소
Text

1. On November 9, 2016, the Defendant’s disposition of suspension of business against the Plaintiffs shall be revoked.

2...

Reasons

1. Details of the disposition;

A. The Plaintiffs are persons engaged in food service business on the first floor of the H building in Jung-gu, Seoul. On January 15, 2016, the Defendant discovered the fact that the Plaintiffs engaged in business outside their places of business and rendered a disposition of suspension of business (the first disposition of suspension shall be taken in the following cases) for seven days from February 25, 2016 to March 2, 2016 to the Plaintiffs.

B. The Plaintiffs were dissatisfied with the first disposition of business suspension and filed a lawsuit seeking the revocation of the said disposition with the Seoul Administrative Court Decision 2016Gudan55332, but the judgment dismissing the Plaintiffs’ claims was rendered on August 25, 2016.

C. After the suspension of execution against the first disposition of suspension of execution was revoked, the Defendant rendered a disposition of suspension of execution (each of the instant dispositions in this case) for the period from November 24, 2016 to November 30, 2016, as shown in the separate sheet, with respect to the Plaintiffs’ violations as of January 15, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3 (including each number), Eul evidence 1 to 4, the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The Defendant asserted that the Plaintiff violated the principle of prohibition against double Jeopardy, even though the first disposition of business suspension was issued on February 12, 2016 against the Plaintiffs’ violation on January 15, 2016, and thus, again made the same disposition against the same violation.

B. (1) According to the evidence Nos. 1 through 4, the Defendant issued the first disposition of business suspension for a period from February 25, 2016 to March 2, 2016, with respect to the Plaintiff’s business activities outside of its business places, from January 15, 2016 to March 2, 2016. The Plaintiffs filed a lawsuit seeking the revocation of the first disposition of business suspension, and the Plaintiffs filed an application for the suspension of execution with the Seoul Administrative Court 2016Gudan532. The court of the first instance accepted it and decided that the execution of the first disposition of business suspension until the first instance judgment is pronounced.

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