2014 Gohap700 Revocation of an order to repair facilities

At night, Music Co., Ltd. and Music Co., Ltd.;

Head of Gwangjin-gu Seoul Metropolitan Government

April 11, 2014

May 30, 2014

1. The plaintiff's claim is dismissed.

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

On December 16, 2013, the Defendant’s order to repair facilities issued to the Plaintiff is revoked.

1. Details of the disposition;

A. On December 16, 2011, the Plaintiff reported the general restaurant business in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “instant place of business”) with the trade name “A” to the Defendant, and operated the business.

B. On November 11, 2013, the Defendant issued an order to repair facilities (the period of facility repair: January 15, 2014; hereinafter “instant disposition”) on the ground that the Defendant received an administrative disposition request from the head of the Seoul Mine Police Station, and on December 16, 2013, that “the Plaintiff installed dancing halls in the instant business site, which is an entertainment drinking house, other than entertainment drinking houses,” to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, Eul evidence Nos. 1 and 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

(i) the first argument;

According to the Food Sanitation Act, general restaurants may install special lighting facilities, such as stage facilities, sound, reflective main facilities, and space sunball in places other than guest rooms. However, the Plaintiff only installed a DoJ gambling, sound facilities, and special lighting at a place other than guest rooms and did not have any stage. Even if a stage was installed, the place is not a guest room, and the Plaintiff did not violate the facility standards prescribed by the Food Sanitation Act. Therefore, the instant disposition is unlawful.

(ii) the second argument;

The instant disposition is not clear what the Defendant deemed to have established a dance hall in the instant business site on the grounds of what it was, and what part of the facilities installed in the instant business site should be repaired. Therefore, the instant disposition is unlawful.

B. Relevant statutes

It is as shown in the attached Form.

(c) Fact of recognition;

1) The report prepared by the police officers belonging to the Seoul Mine Police Station on September 30, 2013 upon receipt of 112 reports and around 00:14 and around November 6, 2013 on September 6, 2013 is stating that “The music in the instant place of business is considerably string in the DJ Park Park’s place of business, and the wring is installed in the ceiling, and the wring has a string, making 30 customers drink and dance in music.”

2) On November 11, 2013, the head of the Seoul Mine Police Station notified the Defendant of the following facts: (a) on the grounds that the Plaintiff’s representative director is in the course of an investigation on the violation of the Food Sanitation Act, the head of the Seoul Mine Police Station: (b) provided an entertainment drinking house permission to the competent administrative agency from December 16, 201 to November 6, 2013; and (c) provided an entertainment drinking facility, such as dance halls, sound and reflecting facilities, singing and anti-drawing facilities, singing and racers, and JJ gambling facilities to allow many and unspecified male and female customers to dance in music; and (d) provided that, if there is any matter of administrative disposition, it would interfere with an administrative disposition.

3) According to the photograph taken by the police officers belonging to the Seoul Mine Police Station at the time of the control, a number of colors, etc. among very strings, and 30 customers have dancing in the space, etc., where the table table and DJ gamblings are located. Even according to the photograph of the instant place of business submitted by the Plaintiff, the instant place of business is considerably broad space without a table or chair, and even in the case of a space where the table table is installed, there is a space where the distance between the front and rear table is broad.

4) On October 10, 2013 and November 13, 2013, the Defendant received a request from the head of Seoul Mine Police Station for an administrative disposition, and notified the Plaintiff of the submission of his opinion in advance. The Plaintiff submitted to the Defendant a letter of opinion stating that “the Plaintiff did not have dancing in the instant business site and did not have any stage.” Although there was a space that can be recognized as a stage but there was no doubt for customers to prevent their entry by stockpiling out, it was prohibited.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4 and Eul evidence Nos. 1, 2, 3, 5 through 8 and the purport of the whole pleadings

D. Determination

1) As to the first argument

A) Article 36(1)3 of the Food Sanitation Act provides that a person intending to engage in food service business shall be equipped with facilities meeting the facility standards by type of business. Article 21 subparag. 8 of the former Enforcement Decree of the Food Sanitation Act (amended by Presidential Decree No. 25052, Dec. 30, 2013) provides that food service business shall be divided into general restaurant business, entertainment bar business, etc., and that general restaurant business shall be allowed to engage in drinking together with meals. An entertainment bar business is a business that cooks and sells alcoholic beverages, and entertainment bar business may be allowed to employ entertainment workers or entertainment facilities, and customers shall be allowed to sing or dance. Article 44(1) of the Food Sanitation Act provides that "a food service business operator shall maintain business sanitation and order, maintain public health and sanitation, and maintain business order, and Article 57 and [Attachment 17] of the Enforcement Rule of the Food Sanitation Act provides that a person who has violated Article 21 subparag. 6 of the same Act shall not be ordered to install facilities other than entertainment facilities or reported. 3 months.

B) The following circumstances are revealed by comprehensively taking account of the facts and the purport of the entire arguments as seen earlier, namely, ① the Plaintiff has set up a sufficient space to allow a large number of people to dance in the entire area of the instant business site, such as a space between the table table and DJ gambling room, ② The instant business site is in the state of being in a large string, and DJ gives a large amount of music. DJ has operated a business to dance with music in the open space between the table table and DJ gambling. ③ The instant business site has been installed with DJ gambling, sound, and special lighting facilities, and such facilities have been used not only for dancing but also for such purpose, and the Plaintiff’s business site has been actually used. Accordingly, the Plaintiff’s assertion that this part of the instant business site was not reasonable to deem the Plaintiff’s business site to have been installed.

2) As to the second argument

Article 74 (1) of the Food Sanitation Act provides that "where a business facility fails to meet the facility standards under Article 36, a business operator may order the business operator to repair the facility by fixing a period." Thus, in issuing an order to repair the facility, the contents, object and scope of the act to be performed by the person liable for performance should be specified, but it is sufficient to specify it by considering the documents and other circumstances delivered before and after the disposition.

In light of the above facts and the purport of the entire arguments, the defendant alleged that "the defendant had a space that can be recognized as a stage in the place of the business of the case," and that "the plaintiff had a dance hall was installed in the place of the case on the ground that the plaintiff had silented or neglected this," and that the disposition of the case was "the order customers to repair the above space not to mislead the above space," and the disposition of the case was installed in the space of the table and the DJ gambling so that customers can enjoy dancing in the place of the business of the case." The plaintiff's argument that "the plaintiff had no dance hall in the place of the business of the case," and the plaintiff's argument that "the plaintiff had no dance hall in the place of the business of the case," and that "the plaintiff had no dance hall in the place of the case of this case to be installed in the place of the business of the case." Thus, the plaintiff's assertion that the defendant had no ground for the defendant's establishment of the entertainment hall of this case as the part of the Seoul Food Sanitation Act."

3. Conclusion

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.

Awards and decorations for judges;

Judges Kang Jeong-hee

Judges Jeon Sung

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.