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(영문) 서울행정법원 2018.05.18 2018구단7856
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. From December 2013, the Plaintiff operated an entertainment drinking club (hereinafter “instant entertainment drinking club”) with the trade name “C” on the first floor of Songpa-gu Seoul, Songpa-gu (hereinafter “C”).

B. Around September 22, 2017, D, the head of the instant entertainment drinking house, around September 22, 2017, received 300,000 won from the customer E who found in the instant entertainment drinking house, and had employees F engage in the act of arranging sexual traffic, etc. by having his/her sexual intercourse with G hotel 401 of the same building.

C. On March 13, 2018, the Defendant rendered a disposition to suspend business against the Plaintiff for three months (from March 15, 2018 to June 12, 2018) on the ground that the act of arranging sexual traffic was committed (hereinafter “instant disposition”). D.

D As such, a summary order of KRW 7 million (Seoul Eastern District Court 2018Da147) was issued for each of the facts constituting a crime that brokered commercial sex acts, and the Plaintiff and the business president of the instant entertainment drinking club, who are an employee, arranged commercial sex acts with respect to the Plaintiff and H’s business as above.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 4, 5, Eul No. 4, 5, and 6, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. D, an employee of the Plaintiff’s assertion, independently engaged in the arrangement of commercial sex acts without involvement by the Plaintiff. Considering these circumstances, the instant disposition is unlawful as it deviates from the scope of discretion or abused discretion.

B. Determination 1 as to whether a punitive administrative disposition exceeds the scope of discretion under the social norms or abused discretionary power ought to be determined by comparing and balancing the degree of infringement on public interest and the disadvantages suffered by an individual due to such disposition by objectively examining the content of the offense committed as the grounds for the disposition, the public interest to be achieved by the relevant disposition, and all relevant circumstances.

In such cases, sanctions;

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