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(영문) 수원지방법원 2020.08.28 2020구단583
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 operating a “C karaoke machine” on the land level B in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu.

B. On May 16, 2019, the chief of Seongdong-gu Police Station notified the Defendant of the business subject to administrative disposition that “The Plaintiff, at around March 22:0, 2019, received a request from D and E from the said C K KK and arranged for a entertainment loan by allowing two female-friendly women to provide entertainment to the said customers, and that the Plaintiff investigated the Plaintiff as suspected of violating the Music Industry Promotion Act and sent it to the prosecution with the opinion of prosecution.”

C. Accordingly, on October 31, 2019, the Defendant rendered a disposition of suspension of business for 30 days against the Plaintiff on the ground that the Plaintiff violated Article 22(1) of the Music Industry Promotion Act by acting as an intermediary for a loan (hereinafter “instant disposition”).

The Plaintiff filed an administrative appeal against the instant disposition, but the Gyeonggi-do Administrative Appeals Commission dismissed the Plaintiff’s petition for administrative appeal on January 13, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 6, Eul evidence 1 to 8, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is as follows: (a) there was no fact that the Plaintiff in the instant singing practice room did not provide female helper D and E, a customer; and (b) only requested the Plaintiff and the Plaintiff, who was next to the Plaintiff, to enter the room where the instant D was located, to help the Defendant to locked.

B. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1, 5, 6, and 8, the prosecutor filed a claim for summary order against the Plaintiff on the facts charged of violating the Music Industry Promotion Act with the purport that “Around March 24, 2019, around 22:0, the Plaintiff received the request from D and E, which is the customer of the instant C K K-based singing practice room, and arranged for a loan by allowing the said customer to be provided with entertainment.” Accordingly, the prosecutor filed a claim for summary order against the Plaintiff on September 9, 2019.

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