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(영문) 의정부지방법원 2018.11.15 2018구합1461
영업정지처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

The Plaintiff is operating a general game providing business establishment (hereinafter referred to as the “instant business establishment”) with the trade name “D” on the second floor of the Gu Government-si C and the ground.

Although the Plaintiff manages at the same time two or more game apparatuses within the instant business site, in violation of this provision, the Plaintiff violated the above management obligation on May 1, 2017; and on October 18, 2017 (the penalty surcharge of KRW 500,000 in lieu of the five business suspension days); January 19, 2018 (the penalty surcharge of KRW 100,000 in lieu of the ten business suspension days); and on March 8, 2018 (the penalty surcharge of KRW 3 million in lieu of the one month of the business suspension); however, the Plaintiff violated the above management obligation around May 16:15, 2018.

(A) On December 21, 2017, the Plaintiff received permission for change, but at the time, received a disposition on the ground that the transferor violated his/her duty to manage more than two game machines at the same time within the instant business site on two occasions, and was aware of the existence of the third violation and the fact that the said disposition and the said violation were succeeded to). Accordingly, on June 12, 2018, the Defendant issued a disposition of business suspension for six months against the Plaintiff on the ground that the Plaintiff was discovered in the same violation after being subject to the fourth disposition during the recent one year under Article 35(2)5 and (4) of the Game Industry Promotion Act, Article 26(1) [Attachment 5] of the Enforcement Decree of the same Act, Article 17 [Attachment 2] subparagraph 2 of the same Act, Article 26(1) [Attachment 5] of the same Act, and Article 26(2) [Attachment 5] of the Enforcement Rule of the same Act.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, and the purport of the whole pleading, whether the disposition of this case is legitimate

A. The plaintiff's assertion that it is practically difficult for the plaintiff and his employees to discover and refrain from the game machine because customers in the place of business of this case see the plaintiff's assertion are able to see their own lives. The plaintiff's disposition of this case has no choice but to waive their livelihood.

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