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(영문) 수원지방법원 2016.01.13 2015구합67015
등록취소처분취소
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. On December 4, 2013, the Plaintiff completed the registration of a singing practice room business with the trade name of “B-sing practice room business” to the Defendant, and thereafter, the Plaintiff run a singing practice room business in Seongbuk-si, Sungnam-si.

B. On April 14, 2015, the Plaintiff: (a) had two entertainment visitors, including juveniles, provide entertainment services for customers at the instant singing room.

C. On July 16, 2015, the Defendant revoked the Plaintiff’s registration of the karaoke machine business (hereinafter “instant disposition”) on the ground that the Plaintiff hired or arranged a juvenile entertainment loan as above.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1 through 3, Eul's evidence 1 and 4 (including each number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion cannot be deemed as a contact loan with the Plaintiff. The Plaintiff’s employment of the said helpers with the knowledge that they were adults, and the Plaintiff did not violate the Music Industry Promotion Act (hereinafter “ Music Industry Promotion Act”) due to the lack of intention. Even if the act of violation itself is acknowledged, it is unlawful as it was an abuse of discretionary authority to treat the instant act as an intentional offender, and thus, it was unlawful.

(b) Attached Form of relevant statutes;

C. Determination 1) Sanction against a violation of administrative laws and regulations regarding the assertion that there is no violation of the administrative purpose is a sanction against the objective fact that it is a violation of administrative laws and regulations to achieve the administrative purpose. Thus, barring special circumstances such as where it is impossible to cause any negligence to the violator’s duty, it may be imposed even if there is no intentional or negligent act on the violator (see, e.g., Supreme Court Decision 2002Du5177, Sept. 2, 2003). According to Article 22(1) of the Music Industry Act, the employment and arrangement of entertainment loans is prohibited in singing practice room.

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