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(영문) 서울고등법원 2018.02.02 2017누42059
영업정지처분취소
Text

The judgment of the first instance shall be revoked.

The defendant's 45-day business suspension disposition against the plaintiff as of November 17, 2015 shall be revoked.

Reasons

1. Facts without dispute (based on recognition), Gap evidence Nos. 1-5, 12, Eul evidence Nos. 1-5, 16, and 18, and the purport of the whole pleadings;

A. B is a corporation established on March 15, 2005 with the location of its head office as “Seoul Eunpyeong-gu E” for the purpose of domestic and overseas travel business, brokerage business, etc., and on March 12, 2012, added the business of international marriage brokerage to the business of international marriage brokerage on March 12, 2012, and completed registration with the trade name “F” under Article 4 of the Marriage Brokers Business Management Act (hereinafter “Marriage Business Act”) as “Seoul Eunpyeong-gu G and 302” (hereinafter “instant business office”). The Plaintiff is the representative director of B corporation.

B. On April 20, 2014, Co., Ltd. entered into an international marriage brokerage agreement with C at the instant place of business on April 20, 2014, and around May 2014, Co., Ltd. arranged international marriage between C and Uzbekistan-Korean women D.

C. On August 24, 2015, the Commissioner of the Seoul Special Metropolitan City Local Police Agency (hereinafter referred to as the “former Marriage Brokers Business Act”) provides that the Defendant is guilty of violating the Marriage Brokers Business Act (amended by Act No. 14405, Dec. 20, 2016; hereinafter referred to as the “former Marriage Brokers Business Act”) of the instant place of business, as a result of the joint guidance check and control by related agencies on international marriage brokers.

Article 10-2, in violation of Article 10-2, notified the user of the international marriage broker that he did not provide personal information of foreign women before the international marriage broker is faced with) and requested an administrative disposition against it. D.

On November 9, 2015, the Defendant sent a “the F Representative Plaintiff” to the addressee and sent a “prior notice of F administrative disposition” to the effect that “ear company is scheduled to be subject to the disposition of business suspension for three months in violation of Article 10-2 (Provision of Personal Information) of the Marriage Brokers Business Act, so it is present on the hearing day and comply with the hearing or pre-delivery of written opinions.”

The plaintiff gives the above notice.

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