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(영문) 의정부지방법원 2016.06.29 2014구단1077
식품접객업소 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 is running a “C Kinging practice room” (hereinafter “instant King practice room”) in accordance with Articles 201 and 202, Mangsan-si, Mangsan-si.

B. On April 11, 2014, the chief of Ilsan Police Station notified the Defendant of the request for administrative disposition on the grounds that “D, an employee of the Plaintiff, assisted customers with singing singing and sold to customers in the instant singing practice room at around 06:20 on February 28, 2014.” Accordingly, on May 26, 2014, the Defendant issued a disposition of 40 days of business suspension on the ground that the Defendant committed an act of selling alcoholic beverages (the first) and entertainment loan brokerage (the first vehicle) against the Plaintiff (hereinafter “instant violation”).

(hereinafter “instant disposition”). C.

On July 2012, the Plaintiff was subject to a disposition of 15 days of business suspension due to the same violation (provision of alcoholic beverages) by the Defendant. On July 17, 2014, the Plaintiff was subject to a disposition of KRW 500,000,000 as substitute for the business suspension 10 days on the ground that the instant lawsuit was pending on July 17, 2014.

On the other hand, on August 1, 2014, the Plaintiff was issued a summary order of KRW 700,000 for committing the instant violation on the grounds of criminal facts, and claimed for formal trial and was found not guilty, but was sentenced to the same fine as the Defendant was found guilty, and all appeals and appeals were dismissed, and the said fine became final and conclusive on April 22, 2016.

(Reasons for Recognition) The fact that there is no dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 1 through 7 (including each number), the purport of the entire pleadings, and the purport of the whole pleadings. (See Supreme Court Decision 2014Da3710, 2014Ma104, 2015Ma1205, and 2015Do19312).

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion (1) At the time of the absence of the grounds for disposition, the Plaintiff: (a) sent the instant singing practice room to pro-Japanese D; (b) the Plaintiff could not cause a disturbance on the part of two women’s grandchildren to have alcoholic beverages produced; and (c) beer and beer at the convenience store without having to cause a disturbance on the part of two women’s grandchildren.

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