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(영문) 수원지방법원 2016.07.22 2016구단1008
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. On January 28, 2016, the Plaintiff operated “C Singinging practice room” (hereinafter “instant singing practice room”) on the B and the 2nd floor of Siung-si. On January 28, 2016, the Plaintiff arranged four male grandchildren to arrange for the singing practice room.

B. Accordingly, on March 18, 2016, the Defendant rendered a disposition of business suspension of 30 days pursuant to Articles 27(1)5 and 22(1)4 of the Music Industry Promotion Act (hereinafter “ Music Industry Act”) and Article 15(1) [Attachment 2] of the Enforcement Rule of the same Act on the ground that the Defendant arranged the Plaintiff to provide customers with singing singing which causes entertainment.

C. As above, the Plaintiff received a summary order of KRW 3 million in the Suwon District Court’s Ansan Branch with respect to arranging the singing singing in the singing practice room of this case, and the said summary order became final and conclusive as it is.

[Reasons for Recognition] Evidence No. 3, Evidence No. 6, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. When considering the fact that the plaintiff's assertion was planned in advance to make a report by the plaintiff's customers and actively requested good offices, and that the plaintiff's offer of good offices would inevitably interfere with the business even though the plaintiff refused to do so, and that the disposition of this case caused enormous disadvantages to the plaintiff, such as the monthly rent of the singing practice room, etc., the plaintiff paid KRW 1 million at the fixed cost of the singing practice room, and the loss was cut, the disposition of this case is unlawful because it is excessively excessive to the plaintiff, thereby deviating from or abusing the defendant's discretionary power.

B. The legislative purpose of the Music Industry Act is to prohibit the offer of a loan in a singing practice room is to maintain a sound business order and prevent any harm to public morals and customs caused by change of occupation business. The system of business suspension, etc. is to ensure the effectiveness of the public interest provisions, and the Plaintiff has the function of guaranteeing the effectiveness of such public interest provisions.

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