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(영문) 의정부지방법원 2016.04.20 2015구단1791
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 running a “Creing practice room” (hereinafter “instant singing practice room”) on the G-Saundong-gu Busan Metropolitan City’s Goyang-si B branch.

B. On September 22, 2015, around 21:10, the Plaintiff: (a) arranged customers to engage in singing practice in the instant singing practice room; and (b) sold the beer, but was discovered at the Hansan Police Station; (c) on October 13, 2015, the Defendant issued a disposition of suspension of business 40 days for the Plaintiff on the grounds of alcoholic beverage sales (the first car) and entertainment arrangement (the first car).

(hereinafter referred to as the "disposition in this case"). [Grounds for recognition] No dispute, Gap evidence 1 to 3, Eul evidence 1-1 to 4, the purport of the whole pleadings.

2. Whether the disposition is lawful;

A. Although the Plaintiff’s assertion customers refused to demand a entertainment loan and drinking, they were in violation of the law without being able to avoid disturbance, and they were in violation of the law. The Plaintiff’s acquisition of the instant singing practice room by borrowing a loan for living, and the mother and children to whom the Plaintiff should take over and support the instant singing practice room, and the Plaintiff’s business difficulties arising from games are likely to arise.

(b) as shown in the attached Form of the relevant statutes;

C. The legislative purpose of the Music Industry Act is to prohibit a person from making a loan in a singing practice room is to maintain a sound business order and prevent any harm to public morals caused by a change of business. The system of business suspension, etc. is to ensure the effectiveness of the regulations that have public interest. The Plaintiff committed an act of arranging a loan in a singing practice room in violation of such public interest, and the degree of violation of such regulations cannot be said to be less than that of the Plaintiff’s act of arranging a loan in a singing practice room, and there is a need to strictly enforce the provisions of the law even in order to prevent the frequent appearance of other similar cases and to maintain equity. The instant disposition is prescribed in Article 15(1) [Attachment Table 2] of the Enforcement Rule of the Music Industry Act.

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