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(영문) 춘천지방법원강릉지원 2015.12.17 2015구합333
숙박업영업신고증교부의무 부작위위법확인
Text

1. The plaintiff's primary claim among the lawsuit of this case is dismissed.

2. The plaintiff's conjunctive claim is dismissed.

3...

Reasons

1. Details of the instant disposition

A. On July 15, 2014, the Plaintiff acquired the ownership of four guest rooms (No. 4, E, F, G, and hereinafter “instant guest rooms”) owned by I, among the guest rooms in the building C (current H) B (hereinafter “instant accommodation facilities”).

B. On April 17, 2015, the Plaintiff submitted a written business report to the Defendant for a type of accommodation business with the intent to run the “J hotel”’s accommodation business using only the instant guest room.

(hereinafter referred to as “instant report”). C.

On April 27, 2015, the Defendant: (a) the instant guest room is a business establishment that has registered and accepted the instant report as a tourist accommodation facility pursuant to the Public Health Control Act (hereinafter “Act”) and the Tourism Promotion Act; (b) the instant report is a business that provides sanitary management services with facilities and equipment so that many customers can sleep and stay in, inter alia, matters concerning the business and sanitary management of facilities used by the public; and (c) the instant guest room as applied by the Plaintiff is a business that provides sanitary management services with facilities and equipment pursuant to the provisions of the Act; (d) Article 3(1) of the Act and Article 2 [Attachment 1] of the Enforcement Rule of the Public Health Control Act (hereinafter “Enforcement Rule”).

1. The president of a public health business, which is a general standard, refused to accept the instant report due to the following reasons: (a) the head of the public health business, which is an independent place or should be separated from the facilities and equipment used for any purpose other than

(hereinafter “instant disposition”) D.

On May 12, 2015, the Plaintiff filed an administrative appeal ordering the Gangwon-do Administrative Appeals Commission to immediately issue a certificate of report under the instant report, which was dissatisfied with the instant disposition, but the said commission dismissed the Plaintiff’s claim on June 22, 2015.

[Ground of recognition] Unsatisfy, A(1) through (3)

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