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(영문) 부산지방법원 2015.11.25 2015구단21401
영업정지처분취소
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. From December 15, 2014, the Plaintiff operated an entertainment drinking house (hereinafter “instant business”) with the trade name “C” in Busan Seo-gu, Busan (hereinafter “C”).

B. On February 9, 2015, the Busan Northern Police Station discovered the act of arranging sexual traffic at the instant establishment and notified the Defendant of the above fact on February 11, 2015.

C. Accordingly, on July 3, 2015, the Defendant issued a disposition ordering the Plaintiff to suspend the business for three months (from July 31, 2015 to October 28, 2015) pursuant to Article 75 of the Food Sanitation Act and Article 89 of the Enforcement Rule of the same Act on the ground of the foregoing violation (hereinafter “instant disposition”).

The Plaintiff was dissatisfied with the instant disposition and filed an administrative appeal with the Busan Metropolitan City Administrative Appeals Commission, but was dismissed on August 25, 2015.

E. Meanwhile, on September 24, 2015, the Defendant changed the period of business suspension of the instant disposition from September 25, 2015 to December 23, 2015 according to the Busan Metropolitan City Administrative Appeals Commission’s acceptance of the suspension of execution and the ruling of rejection of the claim for revocation.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 8, the purport of the whole pleadings

2. The period of business suspension due to the instant disposition for the same reason, as seen subsequent to the legitimacy of the instant disposition, becomes invalid as of the date on which the closing of argument in the instant case was completed, but on the other hand, the administrative disposition criteria under Article 89 [Attachment Table 23] of the Enforcement Rule of the Food Sanitation Act, which provides for the criteria for the administrative disposition against food service business operators pursuant to delegation under

Ⅱ Individual Standards

3. Article 14 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. provides that "where a business operator commits a prohibited act under Article 4 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc., the business operator shall revoke the business license or order the closure of the business when the first violation is committed."

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