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(영문) 서울고등법원 (춘천) 2017.01.16 2016누75
숙박업영업신고증교부의무 부작위위법확인
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

The court's explanation of this case is based on the grounds for the judgment of the court of first instance.

3.(c)

(2) The grounds for the judgment of the court of first instance, except for the deletion of the part below and the addition of the following, are the same as those for the judgment of the court of first instance. As such, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and Article

The Plaintiff’s overall purport of the Plaintiff’s appeal is that “The instant disposition rejecting the instant report on the ground that the instant report is unlawful, inasmuch as the Plaintiff’s overall purport of the appeal does not allow duplicate reports in relation to the business reports of accommodation business or there is no express provision requiring the establishment of entertainment visitors, etc. in the relevant statutes,

However, in interpreting the law, even if it is a principle to faithfully interpret the ordinary meaning of the language and text used in the law as far as possible, the court should ultimately interpret the law by taking into account the legislative intent and purpose of the law in question, the entire system of the law in question, the history of its enactment and amendment, harmony with the entire legal order, the relationship with other laws and regulations, etc.

Based on this, it is reasonable to interpret that the acceptance of a report on accommodation business under the interpretation of the relevant Act and subordinate statutes can be seen as “material disposal,” ② the purport of the relevant Act and subordinate statutes concerning succession to business transfer, ③ the overall purport of legislation, etc. of the Public Health Control Act, and ③ the overlapping business report on the same facilities and equipment is not allowed in full view of the purport of legislation of the Public Health Control Act.

If such interpretation is not applied, multiple lodging reports are made on the same lodging facility and facility, and administrative agencies are difficult to understand who bears the responsibility for sanitary management and safety guarantee of the facility and facility in question.

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