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(영문) 인천지방법원 2017.05.19 2016구합54811
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 singing room (hereinafter “instant singing room”) with the trade name “Ding singing room” in the Oracheon-si C and 102.

B. On January 22, 2016, the Plaintiff received a summary order of KRW 2,00,000 on August 5, 2016, from two male customers on the instant singing room, on the condition that the Plaintiff received KRW 25,000 per hour from two male customers, and provided entertainment loans to the above male customers, and violated the rules of practice of the singing practice room business operator (hereinafter “instant violation”). As criminal facts, the Plaintiff received a summary order of KRW 2,00,00 on August 5, 2016, and on August 20, 2016, the said fine was finalized on August 20, 2016.

(Seoul District Court 2016 High Court 2016 High Court 7375 c).

On August 22, 2016, the Defendant: (a) against the Plaintiff on the ground of the instant violation, Article 22(1)4 and Article 27(1)5 of the Music Industry Promotion Act; and (b) [Attachment 2] Article 15(1) [Attachment 2] of the Enforcement Rule of the same Act.

(e) 4) [4] Article 22 of the Music Industry Promotion Act (Obligations, etc. of karaoke machine business operators) (1) Every karaoke machine business operator shall comply with the following requirements:

(1) Where a person who runs the business referred to in subparagraphs 8 through 11 and 13 of Article 2 falls under any of the following subparagraphs, he/she may issue an order to close the business, revoke his/her registration, order to suspend the business for up to six months, order to take corrective measures or warning measures, etc.

Provided, That in cases falling under subparagraph 1 or 2, the business shall be closed or the registration thereof shall be revoked.

5. When he/she violates any obligation of a karaoke machine business operator under Article 22.

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