과징금부과처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On January 2, 2015, while the Plaintiff was running a general restaurant (hereinafter “instant restaurant”) in the name of Jongno-gu Seoul Metropolitan Government “C” (hereinafter “instant restaurant”), the Plaintiff was exposed to “Unauthorized Expansion of Business Place” on January 2, 2015.
Accordingly, on February 3, 2015, the Defendant imposed a penalty surcharge of KRW 5,740,000 on the Plaintiff in lieu of the seven days of business suspension.
(hereinafter “instant disposition”). On March 27, 2015, the Plaintiff filed an administrative appeal against the instant disposition, but was dismissed on June 1, 2015.
(A) On June 15, 2015, the Defendant sent to the Plaintiff a new statement of disposition with the same content as the instant disposition, but this is merely a second notification of the penalty surcharge in accordance with the instant disposition, and it cannot be deemed an administrative disposition separate from the instant disposition). 【No dispute exists, Eul evidence Nos. 1 through 5 (including a provisional number) and the purport of the entire pleadings.
2. Whether the disposition is lawful;
A. The Plaintiff’s unauthorized extension of the place of business alleged by the Plaintiff is deemed to be a previous business operator, and the Plaintiff neglected to report on the extension of the place of business without any awareness of the above unauthorized extension, and thus, the instant disposition that imposed the penalty surcharge upon the Plaintiff is unlawful.
B. According to Article 37(4) and Article 36(1)3 of the Food Sanitation Act, and Article 21 subparag. 8, Article 25(1)8, and Article 26 subparag. 8, Article 26 subparag. 4 of the Enforcement Decree of the Food Sanitation Act, where a person subject to reporting intends to operate a general restaurant business or modify important matters, such as the size of the relevant business place, he/she shall report to the head of the Gu, etc., and where a business operator violates the above duty to report, he/she may cancel the business license or registration or suspend all or part of the business for a fixed period not exceeding six months. Article 75(1)7 of the Food Sanitation Act provides that a person who has reported his/her business transfers his/her business to the person.