logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.05.22 2020구단6451
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 juvenile game providing business establishment with the trade name “C” on the first floor of the 1st floor of the Posi-si Party B (hereinafter “instant business establishment”).

B. On July 31, 2019, on the part of the Defendant, on July 15, 2019, the head of Yeongdeungpo-dong Police Station notified the Defendant of the business subject to administrative disposition that “Around July 22:10, 2019, the Plaintiff provided 12,500 won, which exceeds 5,000 won at the instant business establishment, to customers (hereinafter “instant violation”), 13,500 won of helicopter drones, etc., and that the Plaintiff investigated the Plaintiff as a violation of the Game Industry Promotion Act and sent it to the prosecution as an indictment opinion.”

C. Accordingly, on October 11, 2019, the Defendant rendered a disposition of suspension of business for the Plaintiff on the ground that the Plaintiff violated Article 28 subparag. 3 of the former Game Industry Promotion Act (amended by Act No. 16586, Nov. 26, 2019) by providing free gifts exceeding KRW 5,000 at the instant business establishment.

On January 6, 2020, the Gyeonggi-do Administrative Appeals Commission filed an administrative appeal against the above disposition of suspension of business. However, the reason for the above disposition of suspension of business is recognized, however, considering the fact that the Plaintiff did not have the same power and the Plaintiff was suspended from indictment on the instant violation, the Plaintiff’s living difficulty is anticipated due to the above disposition of suspension of business, and the instant violation is recognized as due to minor negligence, not intentional or gross negligence, it is reasonable to reduce the above disposition of suspension of business by 1/2, on the ground that it is reasonable to reduce the above disposition of suspension of business by 15 days, and accordingly, the Defendant notified the Plaintiff on January 22, 2020 that the original disposition of suspension of business should be mitigated by the same content as the above disposition of suspension of business.

As above, the defendant's disposition of business suspension as of October 1, 2019 after the mitigation is rendered does not exceed hereinafter.

arrow