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(영문) 수원지방법원 2018.08.24 2018구단2616
영업정지처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Around March 29, 2018, the Plaintiff engaged in a singing practice room business with the trade name of “Cinging practice room business” as “Singing practice room business” (hereinafter “Cing practice room business”). On March 29, 2018, the Plaintiff sold alcoholic beverages to customers and arranged a loan for entertainment.

B. On July 2, 2018, the Defendant ordered the Plaintiff to suspend its business for 40 days (from September 1, 2018 to October 10, 2018) based on Article 22(1)3 and 4, and Article 27(1)5, etc. of the Music Industry Promotion Act.

【Facts without dispute over the grounds for recognition, Gap evidences 1 through 4, the purport of the whole pleadings

2. According to the Act on the Promotion of Music Industry, a karaoke machine business operator is prohibited from selling or providing alcoholic beverages (Article 22(1)3), and a karaoke machine business operator is prohibited from employing, arranging, or engaging in entertainment (Article 22(1)4), and a Mayor/Do Governor or the head of a Si/Gun/Gu may issue an order to suspend his/her business for up to six months to a karaoke machine business operator who has violated the rules of practice room business under Article 22 (1) 4 (Article 27(1)5). The necessary matters regarding the standards for the administrative disposition are prescribed by Ordinance of the Ministry of Culture, Sports and Tourism.

(Article 27(3). Accordingly, the attached Table 2 of Article 15(1) of the Enforcement Rule of the Music Industry Promotion Act, which provides the criteria for administrative disposition, shall apply to the general standards (Article 15(1)2); (1) where there are not less than two violations, and where there are different criteria for corresponding dispositions, it shall be in conformity with the heavy criteria for disposition; and where not less than two criteria for disposition are the suspension of business, it may be aggravated within the limit of 1/2 of the heavy criteria for disposition within the limit of six months. In such cases, the administrative disposition shall not exceed the period calculated by adding up the criteria for each violation (1. (a) and (b)

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