영업정지처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. From May 6, 2013, the Plaintiff is operating a general restaurant (hereinafter “instant restaurant”) with the trade name “C” in the wife B (104) in Permitted-si from May 6, 2013.
B. On December 24, 2014, at around 23:30 on December 24, 2014, the Yongsan-dong Police Station discovered that D, a sentence of the Plaintiff, provided alcoholic beverages to juveniles in the instant restaurant, and the head of the Yeongdeungpo-dong Police Station notified the Defendant of the above fact on January 23, 2015.
C. On March 3, 2015, the Defendant issued a disposition ordering the Plaintiff to suspend business operations for two months (from April 2, 2015 to May 31, 2015) (hereinafter “instant disposition”) pursuant to Articles 44 and 75 of the Food Sanitation Act on the grounds of the foregoing offense (hereinafter “instant disposition”).
[Reasons for Recognition] Class A, Evidence Nos. 1, 2, Eul Nos. 1 through 6, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion: (a) although D refused to sell alcoholic beverages to juveniles among customers by first conducting an identification card inspection, it is deemed that adult customers would not drink; (b) adult customers would sell alcoholic beverages only to adults; and (c) there was no fact that they sold alcoholic beverages to juveniles; (b) the Plaintiff did not sell alcoholic beverages to juveniles; and (c) the Plaintiff was living in operating the restaurant of this case with his employee, instead of his employee, by taking account of various circumstances, such as the Plaintiff and D’s best efforts to avoid selling alcoholic beverages, etc., the instant disposition of this case was abused discretion or is unlawful by deviating from its scope.
(b) Entry in the attached Form of relevant Acts and subordinate statutes;
C. As to the existence of the grounds for disposition 1, the following circumstances, which are acknowledged by the evidence mentioned above, including evidence No. 7-1 to No. 7, and evidence No. 8 as to the instant case, and the purport of the entire pleadings, are as follows.