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(영문) 서울행정법원 2015.11.19 2014구단52117
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 running an entertainment drinking house (hereinafter “C”) with the trade name “stock company A” on the Gangnam-gu Seoul and the 2nd underground level with the purpose of running an entertainment drinking house business, etc. (hereinafter “instant entertainment drinking club”) from January 25, 2012 to January 3, 2014.

B. On March 10, 2014, the Defendant issued a disposition of suspension of business for one month (from April 11, 2014 to May 10, 2014) pursuant to Article 75 of the Food Sanitation Act (hereinafter “instant disposition”) against the Plaintiff on the ground that “the instant entertainment drinking club was arranged for sexual traffic on November 12, 2013” (hereinafter “instant disposition”).

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 2, Eul 4, 5, 6, 7 (including each number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Defendant rendered the instant disposition to the Plaintiff solely on the ground that the Plaintiff’s employee D and the Plaintiff’s customer E together were in the hotel room.

The plaintiff was unaware of the fact that he was enrolled in the hotel with E and D, and there was no fact that he arranged sexual traffic.

E and D have no fact of receiving money and valuables in return for sex acts as a relationship between persons.

D The police investigation refers to the plaintiff's brokerage of sexual traffic, but it is a false confession through verbal abuse or intimidation by the police.

The prosecution made a disposition against the plaintiff representative director F that there is no suspicion of sexual traffic mediation.

Comprehensively taking account of such circumstances, the instant disposition is unlawful as it does not constitute a ground for disposition. Even if there exists a ground for the instant disposition, the instant disposition is unlawful as exceeding discretion, such as excessive prohibition, by exceeding the bounds of the principle of excessive prohibition, etc.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. (1) Determination 1) The fact that the reason for disposition exists (1) D is an employee of the instant entertainment tavern, and E is a guest who had been in the instant entertainment tavern with G, H, I, etc. around 20:0 on November 12, 2013, together with G, H, and I, around 20:0.

(2) E is the same kind of activity and D.

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