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(영문) 대전지방법원 2015.06.04 2014구합104017
등록취소처분취소
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. From March 12, 2014, the Plaintiff has operated a singing practice room (hereinafter “instant singing practice room”) with the trade name “C” from around March 12, 2014.

On June 2014, the Plaintiff was subject to a disposition of business suspension 10 days (from July 8, 2014 to July 17, 2014) due to the violation of Article 22(1)3 of the Music Industry Promotion Act (hereinafter “ Music Industry Act”) on the ground that he/she sold alcoholic beverages to customers.

(hereinafter “instant business suspension”). C.

On July 11, 2014 during the business suspension period, the Plaintiff was subject to the police’s control to the effect that the Plaintiff engaged in the instant practice at the instant singing practice room (hereinafter “instant control”), and on September 16, 2014, the Defendant issued a disposition to revoke the registration of the instant singing practice room pursuant to Article 27(1)2 of the Music Industry Act on the ground that the Plaintiff was engaged in business during the business suspension period.

(hereinafter “Disposition of this case”). 【The ground for recognition of this case’s Disposition of this case’s Disposition of this case’s No. 1, 2, and Eul’s No. 1 through 5 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings and arguments.

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion is that the Plaintiff did not engage in business during the business suspension period of the instant case, so there is no grounds to dispose, and even if the grounds to dispose exist, it should be revoked because of its deviation or abuse of discretion.

B. It is as stated in the relevant laws and regulations attached thereto.

C. The following circumstances acknowledged by the evidence and evidence as seen earlier, Gap evidence and Eul evidence Nos. 3 and Eul evidence Nos. 6, and the purport of the entire pleadings, namely, the public police station, through the control of the instant case, detect “the fact that the instant singing practice room was doing business on July 10, 2014 during the period of the instant business suspension,” and notify the Defendant thereof.

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