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(영문) 의정부지방법원 2015.07.29 2015구단163
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 who operates a singing practice room with the trade name of “C singing practice room” (hereinafter “instant business”).

B. On January 9, 2013, the Defendant rendered a disposition of business suspension for 40 days (10 days for the first violation of alcoholic beverage sales and entertainment arrangement, and 30 days for the first violation of entertainment arrangement) on the ground that the Plaintiff committed an act of violating alcoholic beverage sales and entertainment arrangement.

C. However, when the Plaintiff’s violation of the Plaintiff’s sales and loan brokerage was discovered again, the Defendant issued a disposition of business suspension for 90 days by adding up the period of each violation to the Plaintiff on January 5, 2015, by applying Article 22(1) of the Music Industry Promotion Act (hereinafter “the Music Industry Promotion Act”) on the ground that “the Plaintiff provided a service loan to customers and sold alcoholic beverages” to the Plaintiff on November 19, 2014, and by applying Article 22(1) of the Music Industry Promotion Act on the grounds that “the Plaintiff provided a service loan to customers on November 19, 2014.”

[Ground of recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1 to 4, whole purport of oral argument

2. Whether the disposition is lawful;

A. In light of all circumstances, such as the Plaintiff’s assertion that the Plaintiff did not cruelly and committed a violation, but it was difficult for his family members to live together, the instant disposition was excessively harsh to the Plaintiff, thereby abusing and abusing discretion.

(b)be as indicated in the relevant Acts and subordinate statutes;

C. The legislative purpose of prohibiting a contact loan brokerage, etc. in a singing practice room under the Music Industry Act is to maintain a sound business order and prevent any harm to public morals caused by variable business. The system of business suspension, etc. is to ensure the effectiveness of the public interest regulations.

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