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(영문) 서울행정법원 2019.02.22 2018구단17259
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 has operated a mutual singing practice room (hereinafter “instant singing practice room”) on the Dobong-gu Seoul Metropolitan Government and Subdivision.

B. On March 27, 2018, around 21:00, the Plaintiff was under the control that the Plaintiff sold alcoholic beverages to customers at the instant singing room.

C. On August 29, 2018, the Defendant issued a disposition to revoke the registration of a singing practice room business pursuant to Article 27(1)5, etc. of the Music Industry Promotion Act (hereinafter “instant disposition”) on the ground that the Defendant violated the obligations of the Plaintiff for a singing practice room business.

The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal on May 14, 2018, but the Seoul Special Metropolitan City Administrative Appeals Commission rendered a ruling on July 23, 2018 that the Plaintiff’s claim is dismissed.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 4, Eul's 1, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of all the circumstances, including the Plaintiff’s assertion having experienced economic difficulties, and the instant singing is the Plaintiff’s means of livelihood, the instant disposition is unlawful as exceeding the scope of discretion or abuse of discretionary power.

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

C. Determination 1 as to whether a punitive administrative disposition exceeds the scope of discretion under the social norms or abused discretionary power ought to be determined by comparing and balancing the degree of infringement on public interest and the disadvantages suffered by an individual due to such disposition by objectively examining the content of the offense committed as the grounds for the disposition, the public interest to be achieved by the relevant disposition, and all relevant circumstances.

In this case, even if the standard of punitive administrative disposition is provided in the form of Ordinance, it is nothing more than that of the administrative agency's internal rules for administrative affairs, and thereby externally binding citizens or courts.

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