logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2016.05.18 2015구단10677
영업정지처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of disposition;

A. From December 8, 2014, the Plaintiff operates a singing practice room (hereinafter “instant singing practice room”) with the trade name of “C King practice room” in Nam-gu, Gwangju (hereinafter “Cing practice room”).

B. On December 23, 2014, the Defendant rendered a disposition of business suspension of 10 days (hereinafter “instant disposition”) to the Plaintiff on May 4, 2015, on the grounds that the Plaintiff sold or supplied alcoholic beverages at the instant singing room around 01:30.

C. Accordingly, the Plaintiff filed an administrative appeal with the Gwangju Metropolitan City Administrative Appeals Commission on May 11, 2015, but was dismissed on July 28, 2015.

【Facts without dispute over the ground for recognition, Gap evidence Nos. 1, 2 (including additional number), Gap evidence No. 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) In addition to the instant singing book, the Plaintiff operated a mutually cafeteria with the name “D” in the instant singing book. The Plaintiff reported that the said restaurant provides alcoholic beverages to customers who want to drink in the instant singing room and to provide music with the first singing room and to calculate the fee for singing in the instant singing room. In order to prevent customers from paying for the price of food and alcoholic beverage, customers were selling alcoholic beverages in the instant singing room. Accordingly, the instant disposition on a different premise is erroneous in the misapprehension of facts, thereby abusing discretion. (2) Even if the Plaintiff sold alcoholic beverages, the place is within the same place of business as the instant singing room, and thus, it is possible to sell alcoholic beverages with the name of “E” under the Food Sanitation Act, and thus, the disposition of this case is null and void as a place of business where a general restaurant business report is filed (12.54 square meters, 14 square meters, and 1 square meters).

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. The Plaintiff’s assertions No. 3 and No. 14 as to whether to sell alcoholic beverages 1, based on the overall purport of the pleadings.

arrow