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(영문) 인천지방법원 2018.07.24 2018구단781

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. On December 17, 2017, the Plaintiff operated a general restaurant D in Seocheon-si, and his employee was discovered to the police officer that sold alcoholic beverages to three juveniles, and notified the Defendant on January 5, 2018.

B. On March 19, 2018, the Defendant issued a disposition of suspending business against the Plaintiff for two months. Accordingly, the Plaintiff filed an administrative appeal, and the Plaintiff was given a ruling of quoted acceptance on the ground that the business suspension period for two months is reasonable to change the business suspension period to 40 days because the Plaintiff did not violate relevant statutes and was subject to minor criminal punishment, and that it was difficult for his/her livelihood.

C. Accordingly, the Defendant’s business suspension against the Plaintiff on June 12, 2018 40 days from June 18, 2018 to the same year.

7. 25. The disposition of this case (hereinafter “instant disposition”)

A. [The facts that there is no dispute over the basis of recognition, Gap evidence Nos. 1, 2, Eul evidence Nos. 1 to 7, the purport of the whole pleadings, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. In light of the fact that the Plaintiff’s assertion did not violate relevant statutes and the Plaintiff was faced with a crisis that loses means of livelihood due to the instant disposition, the instant disposition constitutes a case where the Plaintiff exceeded the scope of discretion or abused discretion, as it causes excessive harsh consequences compared to the public interest to be achieved.

B. The Plaintiff’s employees E provide alcoholic beverages to three juveniles are also recognized.

In addition, even if there are circumstances that make it difficult for the plaintiff to take a sense of the economic situation, considering such circumstances, the decision of partial acceptance was made in the administrative appeal, and considering the need for public interest (e.g., necessity to protect juveniles from a harmful environment and equality with other business places) to be achieved through the instant disposition, the instant disposition cannot be deemed to be less than the disadvantage that the plaintiff would suffer.