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(영문) 서울행정법원 2018.09.21 2018구단60000
영업정지처분취소
Text

1. On April 13, 2018, the Defendant’s disposition of suspending business against the Plaintiff on April 15, 2018 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. From July 29, 2016, the Plaintiff engaged in the same business with B and operated an entertainment tavern (hereinafter “instant entertainment tavern”) with the trade name “D” on the first floor of Songpa-gu Seoul Metropolitan Government C underground.

B. E, which had been a guest of the instant entertainment tavern, drank alcohol in the room of the instant entertainment tavern No. 2 from May 28, 2017 to 19:30 of the same day, and F, an employee of the instant entertainment tavern, performed entertainment entertainment entertainment activities for E in the room No. 2 of the instant entertainment tavern.

E and F made a 18:00 on the same day to exchange a certain amount in cash and made two-time sexual relations.

Since then, E told F to the effect that he will first calculate the drinking value and pay the total amount of KRW 880,000 (not including the price for sexual traffic) of alcoholic beverages in the carter, and left the entertainment tavern in this case.

C. F reported to the police to the effect that E did not want to have sexual intercourse after having become aware of the fact in the entertainment tavern in the instant case without having paid sexual traffic to oneself, and accordingly, the investigation was initiated.

On September 21, 2017, the prosecutor G of the Seoul East District Prosecutors' Office imposed a disposition to suspend indictment on the suspected facts that he/she committed sexual traffic against E and F (the suspicion of rape of E or the suspicion of fraud in the price of sexual traffic). On the instant entertainment tavern B, he/she neglected his/her duty of care to prevent sexual traffic as an operator of the instant entertainment tavern, while he/she neglected his/her duty of care to prevent sexual traffic, and ordered E and F to engage in sexual traffic, there was insufficient evidence to prove that there was no suspicion.

E. On November 14, 2017, the Defendant rendered a disposition of business suspension for 45 days (hereinafter “instant first disposition”) on the ground that, around May 28, 2017, the Plaintiff arranged sexual traffic of E and guest F in the instant entertainment tavern around May 18, 2017.

F. The plaintiff is E and F with respect to the disposition No. 1 of this case.

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