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(영문) 부산지방법원 2016.01.27 2014구단1813
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 corporation that is operating the international marriage brokerage business in 155 with the Busan East-gu hot spring-ro.

B. Around December 17, 2013, the Plaintiff agreed to arrange for international marriage with A, and arranged for a contact with Vietnam women at a hotel located in Vietnam Minhovah, and at the time of the said contact, the Plaintiff did not provide personal information as provided by Article 10-2 of the Marriage Brokers Business Management Act (hereinafter “Marriage Brokers Business Act”).

C. On July 28, 2014, the Defendant issued an administrative disposition ordering the suspension of business for three months pursuant to Article 10-2(1) of the Marriage Brokers Business Act and Article 12 of the Enforcement Rule of the same Act (hereinafter “instant disposition”).

The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Busan Metropolitan City Administrative Appeals Commission, but was dismissed on September 23, 2014.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 4 (including additional numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) Article 10-2(1) of the Marriage Brokers Business Act (hereinafter “instant legal provision”) that served as the basis for the instant disposition

It is also stipulated that the marriage broker's obligation to provide users who have entered into the marriage brokerage contract with documents that it is impossible to secure before the marriage is actually married, while the marriage broker's violation is subject to criminal punishment.

The legal provisions of this case violate the right of equality by discriminating against marriage brokers mediating international marriage between Korean nationals and other nationals of the Republic of Korea without reasonable grounds, and violate the freedom of choice of occupation of marriage brokers seeking to mediate international marriage between Korean nationals of Vietnam and Vietnam.

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