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(영문) 서울행정법원 2015.11.19 2015구단50972
영업정지처분취소
Text

1. The Defendant’s disposition of business suspension for two months against the Plaintiff on October 14, 2014 shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. The Plaintiff is a person who operated C hotel with 42 guest rooms from 3, 4, and 5 Seoul Gangnam-gu Seoul Metropolitan Government (hereinafter “instant business”).

B. On January 22, 2013, the Defendant rendered the instant first disposition of business suspension under Articles 3 and 22 of the Public Health Control Act (hereinafter “instant first disposition”) on the ground that the Plaintiff arranged commercial sex acts by providing a place for commercial sex acts at the instant establishment, thereby seeking Article 11(1) of the Public Health Control Act.

C. Accordingly, on January 30, 2013, the Plaintiff filed a lawsuit seeking the revocation of the initial disposition of this case (hereinafter “principal case”) with this Court No. 2013Guhap3436, and filed an application for suspension of execution under this Court No. 2013A5, and this Court decided to suspend the execution of the said initial disposition until the first instance judgment of the instant principal case is rendered on February 18, 2013.

On November 12, 2013, the court rendered a ruling dismissing the Plaintiff’s claim in the instant case. On November 18, 2013, the Defendant rendered a modified disposition to change the period of business suspension from December 30 to February 27, 2014 (hereinafter “instant modified disposition”).

E. The Plaintiff appealed as Seoul High Court 2013Nu50595 with respect to the foregoing judgment of the first instance court, and filed an application for suspension of execution (2013do1028) again, the Seoul High Court rendered a decision to suspend the execution of the instant changed disposition until the appellate court rendered a judgment on December 18, 2013.

F. Since then, the Plaintiff was sentenced to the dismissal of an appeal on September 25, 2014, and the Defendant, on October 14, 2014, changed the period of suspension of business from November 20 to January 18, 2015 to the Plaintiff and again issued a disposition of suspension of business (hereinafter “instant disposition”).

G. The Plaintiff filed an appeal with the Supreme Court No. 2014Du43578, and again filed an application for suspension of execution (2014 A. 525). The Supreme Court has executed the instant disposition until it sentenced to the Supreme Court’s decision on November 17, 2014.

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