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(영문) 인천지방법원 2019.07.23 2019구단50585

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. The Plaintiff operates a general restaurant in the name of “C” in Kimpo-si, Kimpo-si.

B. At around September 28, 2018, around 22:00, the Plaintiff’s staff D sold 2 bottles and 1 bottles to 4 juveniles in the above restaurant.

(hereinafter “instant violation”). C.

D On October 10, 2018, the prosecutor of the Incheon District Prosecutors' Office was ordered to suspend indictment on the violation of the Juvenile Protection Act by the prosecutor of the Incheon District Prosecutors' Office.

The defendant, after having received a two-month prior notice of the suspension of business, received a written opinion from the plaintiff, and followed the result of processing the criminal case against D. On April 26, 2019, Articles 44(2)4 and 75 of the Food Sanitation Act, Article 89 [Attachment 23] of the former Enforcement Rule of the Food Sanitation Act (Amended by Ordinance of the Prime Minister No. 1543, Jun. 12, 2019; hereinafter the same shall apply)

I. In applying subparagraph 15 (f) of the General Standard, a disposition of “business suspension for one month” was taken (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 8, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff asserted that the plaintiff had thoroughly conducted juvenile identification training to his employees in the ordinary room. However, the plaintiff's employee's remaining ice because of his physical disorder caused the plaintiff to believe and provide alcoholic beverages to ordinary customers who were in ice without a mental mind. It is suspected that the juveniles were provided with alcoholic beverages for the purpose of bad faith with the plaintiff, and that the juveniles were reported after being provided with alcoholic beverages for the purpose of bad faith, and that the juveniles did not drink alcoholic beverages, and that the police did not immediately lead to the plaintiff's receipt of a report. The plaintiff's provision of alcoholic beverages beyond a vessel and a fraudulent act, and that the plaintiff's and his spouse's health cannot be limited to the owner of the business. The disposition of this case is not only the plaintiff but also the plaintiff.