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(영문) 울산지방법원 2017.11.30 2017구합408
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 October 27, 2008, the Plaintiff was under the operation of the “C Kinging practice room” located in Ulsan-gu B from around October 27, 2008 (hereinafter “Cing practice room”). On March 13, 2017, the Plaintiff was subject to a disposition of business suspension 10 days (from March 27, 2017 to April 5, 2017) from the Defendant, as it was controlled by the fact that the Plaintiff sold and provided alcoholic beverages in the instant singing practice room.

B. On April 4, 2017, the police officers of the Ulsan Central Police Station assigned to the Ulsan Central Police Station confirmed that the door of the instant singing practice room was opened at around 21:30 on April 4, 2017, and confirmed that the door of the instant singing practice room was opened, and the 4 customers were able to fluence on the table on the table, with only 2 bottles, 1 branch of each week, and 1 branch of each week on the table, and discovered singing.

C. The Ulsan Central Police Station, upon suspicion of the violation of the order of suspension of business by resumption of business against the Plaintiff during the period of suspension of business, sent the case to the Ulsan Central Police Station by the prosecution, and notified the Defendant of the above fact on April 13, 2017.

After undergoing the hearing procedure against the Plaintiff, the Defendant notified the Plaintiff of the suspension of indictment from the Ulsan District Prosecutors’ Office on May 11, 2017, and issued a disposition to revoke the registration of a karaoke machine (hereinafter “instant disposition”). On May 16, 2017, the Defendant issued a disposition to revoke the registration of a karaoke machine (hereinafter “instant disposition”).

E. On May 22, 2017, the Plaintiff dissatisfied with the instant disposition, filed an appeal with the Administrative Appeals Commission of Ulsan-gu, Ulsan-gu, Seoul. However, on July 28, 2017, the said claim was dismissed.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 12, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1: (a) around the time when the police exercises control over the instant singing practice room, the Plaintiff was able to look at the expiration of the period of suspension of the practice room of this case, and conduct cleaning to prepare for a new business, and then divide the number of short-term losses and the number of short-term cars.

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