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(영문) 의정부지방법원 2015.07.06 2014구단2148
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. On July 15, 2014, the Plaintiff acquired a singing practice room with a trade name called “C singing practice room business” (hereinafter “instant business”), and operated the said business after completing the Defendant’s application for registration of the change of the singing practice room business with respect to the said business.

B. However, D had been subject to the disposition of business suspension 10 days (the grounds for disposition: the sales of alcoholic beverages as of November 20, 2013) from the Defendant on January 28, 2014; and the business suspension 30 days (the grounds for disposition: the employment of entertainment loans as of May 21, 2014) on June 23, 2014.

C. On the other hand, on October 25, 2014, the Guri Police Station discovered that there was an act of arranging two guests in the instant business establishment operated by the Plaintiff, and notified the Defendant of the said act of violation around that time.

Accordingly, on November 3, 2014, the Defendant issued a prior notice of the disposition of the suspension of business for two months (the grounds for the disposition are the second violation of the loan brokerage) and the notification of the submission of opinions to the Plaintiff. On December 2, 2014, the Plaintiff requested the Defendant to suspend the business after January 2, 2015, and requested the Defendant to suspend the business. The same applies to the case where the disposition is mitigated.”

E. On December 2, 2012, the Defendant issued a disposition of suspension of business (the period of suspension of business from January 1, 2015 to March 1, 2015; hereinafter “instant disposition”) for two months by applying Articles 22 and 27 of the Music Industry Promotion Act (hereinafter “ Music Industry Act”) and Article 15 of the Enforcement Rule of the same Act to the Plaintiff on the ground of the second violation of the provisions regarding loan brokerage.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1 to 4 (including each number in case of additional evidence), the whole purport of oral argument

2. Whether the disposition is lawful;

A. The plaintiff's assertion (1) was that the plaintiff allowed 2 male grandchildren to have two females, but 2 females were not visitors, but rather customers.

(2) The Plaintiff’s business is operated.

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