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(영문) 의정부지방법원 2016.01.20 2015구단1357
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. The Plaintiff is a person who has filed a report for a singing practice room with the trade name of “C” (hereinafter “instant business”).

(actual operator: D). (b)

On May 26, 2014, the defendant issued a disposition of business suspension for one month (the ground for disposition: the ground for the transaction arrangement) to the plaintiff.

C. Meanwhile, from December 5, 2014 to May 5, 2015, the Guri Police Station discovered a suspicion of having provided entertainment (E and F) to customers on more than 15 occasions at the instant establishment, and notified the Defendant of such offense around that time.

Accordingly, on May 14, 2015, the Defendant notified the Plaintiff of two months of the disposition of suspension of business (the ground for disposition: the second violation of the loan brokerage and loan brokerage) and the submission of opinions.

On July 9, 2015, the Plaintiff presented a prior opinion to the Defendant that “at the time when the control police was at the time, two Dominator was at the time of the control police was at low scarke. There was no guest, and there was only no Dominator, and two months of business suspension should be detained.”

E. On July 10, 2015, the Defendant issued a disposition of the suspension of business for two months (hereinafter “instant disposition”) to the Plaintiff on the ground of the second violation of Article 22 and Article 27 of the Music Industry Promotion Act (hereinafter “ Music Industry Act”) and Article 15 of the Enforcement Rule of the same Act.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1 to 3 (including each number in case of additional evidence), the whole purport of oral argument

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion 1) around 23:30 on May 4, 2015, 2015, which was at the time of the crackdown, there was no customer, and at the time there was no helper for the customers at the time. At the time, they had been playing in the instant business, but did not have any one name, and at the time, one customer was in the room, and the other was in the computer game. 2) The instant disposition was excessively harsh and thus, it was illegal to deviate from discretion.

(b).

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