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(영문) 서울행정법원 2016.05.26 2016구합2403
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. From November 30, 201, the Plaintiff operated a singing practice room with the trade name of “C-sing practice room” (hereinafter “instant singing practice room”) from the Seoul Northern-gu’s underground from November 30, 201.

B. On July 6, 2014, the Plaintiff received a disposition of suspension of business from the Defendant for 90 days from September 15, 2015 to December 13, 2015 on the ground that the Plaintiff arranged for a entertainment loan and sold alcoholic beverages to customers.

C. On December 6, 2015, the head of the Seoul Gangseo-gu Police Station revealed that the Plaintiff was engaged in business and selling alcoholic beverages to customers on December 6, 2015 during the period of the said suspension of business, and notified the Defendant of such fact on February 1, 2016, and sent the Plaintiff to the Seoul Northern Northern District Prosecutors’ Office as a result of prosecution on the above suspected facts.

After the Defendant notified the Plaintiff of the administrative disposition, on March 3, 2016, on the ground that the Plaintiff continued to engage in business in violation of the order of suspension of business, the Defendant issued a disposition to revoke the registration of a singing practice room business (hereinafter “instant disposition”) pursuant to Article 27(1)2 of the Music Industry Promotion Act and Article 15(1) of the Enforcement Rule of the same Act, and notified the Plaintiff of the purport of the said disposition on March 4, 2016.

E. On February 26, 2016, the Plaintiff received a summary order of KRW 2 million from the Seoul Northern District Court (Seoul Northern District Court) and confirmed the said summary order as it is, on December 6, 2015, that “The Defendant sold three customers, such as D, who had been a customer in the instant singing practice room at around 01:56 on December 6, 2015 during the period of business suspension.”

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 5, facts with merit in this court, purport of whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion 1 ground of disposition is suspended from business in the singing practice room of this case as the ground of the disposition of this case.

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