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(영문) 서울행정법원 2014.12.19 2014구단52216
영업정지처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

In light of the above legal principles, it is reasonable to view that the Plaintiff’s act of advertising the Plaintiff’s act of neglecting his/her duty, and the Plaintiff’s act of advertising the Plaintiff’s act of neglecting his/her duty was committed on the Plaintiff’s website. However, the Plaintiff’s act of advertising the Plaintiff by actively using an experience machine was committed on the Plaintiff’s website’s website search service, which was connected to the Plaintiff’s website.

2) The Defendant should have investigated whether the Plaintiff posted an experience machine on the Plaintiff’s website, and there was no advertisement leading by the Plaintiff. Furthermore, the Plaintiff made efforts to prevent misunderstanding of the part that may be mistaken for the remaining experience machine by making an exaggerated advertisement for its customers. Therefore, the Defendant’s failure to conduct the necessary investigation or making the instant disposition without considering the Plaintiff’s efforts is excessively harsh and excessively harsh, thereby deviating from and abusing its discretion. Furthermore, if the Defendant discovered more than one violation, it should have been concurrently imposed with the suspension of business pursuant to Article 89 [Attachment 23] of the Enforcement Rule of the Food Sanitation Act, Article 89 [Attachment 23] of the Enforcement Rule of the Food Sanitation Act where the Defendant discovered more than two violations. The instant disposition is identical to the suspension period of business, and thus, it erred by applying the discretionary rule concurrently.

3. Whether the disposition is lawful;

A. After the instant disposition, the Plaintiff changed the expression from among the advertisements on the website, etc.

The following website and the contents of the advertisement shall be at the time of detection of the violation of the plaintiff by the defendant.

1 The plaintiff's homepage and ..

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