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1. The Defendant’s disposition of business suspension of 10 days that the Plaintiff rendered on October 25, 2018 is revoked.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
Details of the disposition
The plaintiff is a corporation that was established on April 8, 2008 and operates a golf practice range.
On April 6, 2017, the Defendant issued a corrective order with the purport that “On March 10, 2017, and March 12, 2017, the Plaintiff found golf holess twice at C secondary schools located in Gangseo-gu Seoul, Seoul, the main place of the Plaintiff’s golf driving range, and this constitutes a violation of the facility standards under Article 11(1) of the Installation and Utilization of Sports Facilities Act (hereinafter “Sports Facilities Act”) on the ground that “In the event of a subsequent violation, the Defendant may be subject to a disposition of business suspension pursuant to Article 32 of the Sports Facilities Act and Article 27 of the Enforcement Rule of the same Act, and thus, it is difficult to concentrate on the Plaintiff’s belief.”
(hereinafter “instant corrective order”). On December 7, 2017, the Defendant issued a disposition of business suspension three days on the ground that “On October 10, 2017, and November 2, 2017, the Plaintiff discovered golf balls twice at the above C secondary school, which is located near the Plaintiff’s golf driving range, on two occasions, and this constitutes a case where the Plaintiff was ordered to take corrective measures in violation of the facility standards under the Sports Facilities Act.”
(hereinafter “The first business suspension disposition”). On September 18, 2018, the Defendant discovered that “A golf machine was located in Cmiddle School around September 13, 2018,” and notified the Plaintiff of the fact that “A golf machine was located in Cmiddle School on September 13, 2018,” which constitutes a case where a corrective order was issued in violation of the facility standards prescribed in the Sports Facilities Act and failed to comply with it twice, and thus, the Defendant is expected to make a ten-day business suspension order and submit an opinion thereon.”
The defendant is entitled to the plaintiff on October 25, 2018.
For the same reasons as described in the subsection, "the instant disposition of suspension of business for 10 days from November 12, 2018 to November 21, 2018" is "the instant disposition of suspension of business."
(3) The plaintiff's corrective order of this case as to whether the disposition of this case was legitimate or not as a whole, is legitimate. (The plaintiff's corrective order of this case as to Gap's 1, 3, 4, 8, Eul's 3, 4, Eul's 8, Eul's 8, Eul's 8, and Eul's 11.