logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2018.04.18 2017구단894
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 a person operating a lodging establishment located in Gyeong-gun, Busan, and the Plaintiff’s mother C was sentenced to a fine of KRW 3 million on November 30, 2017 by violating the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (the Act on the Punishment of Commercial Sex Acts, Etc.) with the Jinwon District Court’s branch.

B. On December 13, 2017, the Defendant rendered a disposition of the suspension of accommodation business (from December 27, 2017 to March 26, 2018; hereinafter “instant disposition”) to the Plaintiff on the ground that “the Plaintiff’s mother C arranged sexual traffic to the guests on June 7, 2017.”

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3 (including virtual numbers), Eul evidence Nos. 1 to 6, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. Despite the Plaintiff’s refusal on several occasions, the instant disposition constitutes a deviation or abuse of discretionary power when considering the fact that the instant disposition is at a risk of terminating the lease agreement, and the family’s livelihood, etc., that is, the instant disposition was an abuse of discretionary authority.

B. (1) According to the overall purport of the statement and arguments on the grounds of disposition No. 6, the police officer at the time of control, upon receiving a request for support for the control of sexual traffic, the police officer at the time of control, and the Plaintiff’s mother C, stating that “D women are more than KRW 100,000,000, and 1.50,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,00,000,00,000.

arrow