2. The costs of lawsuit shall be borne by the Plaintiff.

A. On October 3, 2015, the Plaintiff was issued a disposition of business suspension of one month (from May 19, 2016 to June 17, 2016) (hereinafter referred to as the “first disposition”) from the Defendant on the grounds that a general restaurant located in Mapo-gu Seoul Metropolitan Government B, which he/she operates, provided liquor to minors (hereinafter referred to as “instant general disposition”).

B. Although the Plaintiff filed an administrative appeal on June 27, 2016, the Plaintiff was dismissed, and the decision of dismissal was served on July 15, 2016, and accordingly, the Defendant again issued a disposition of business suspension for the Plaintiff on July 19, 2016 (from August 19, 2016 to September 17, 2016) (hereinafter the instant second disposition).

C. On August 4, 2016, the Plaintiff filed an administrative litigation seeking the revocation of the instant secondary disposition by this Court Decision 2016Gudan59266, and filed an application for the suspension of execution of the instant secondary disposition with this Court as the court 2016Gudan11453 on the same day. The said disposition was suspended, but the said lawsuit was withdrawn on October 28, 2016.

Accordingly, on November 1, 2016, the Defendant again rendered a disposition of business suspension from November 5, 2016 (from November 5, 2016 to December 14, 2016) to the Plaintiff (hereinafter the instant third disposition).

E. On November 8, 2016, the Plaintiff filed the instant lawsuit seeking the revocation of the instant third disposition.

[Ground of recognition] Facts without dispute, Gap 1 through 4, Eul 1 through 9, purport of the whole pleadings

2. We examine the legitimacy of the instant lawsuit ex officio on the lawfulness of the instant lawsuit.

Where an administrative agency issued an administrative disposition to a business operator in accordance with Acts and subordinate statutes governing food sanitation and then issued an administrative disposition to change the disposition in favor of the business operator, it is not extinguished by the disposition of change, but existing by the disposition of change in favor of the business operator. Thus, the administrative sanctions that were modified favorably

If the revocation is sought, the original disposition is not the change of the changed contents, but the subject matter of the revocation lawsuit.