과징금처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is a general restaurant operator with the trade name “C” from March 22, 2011 to Ulsan-gu, Ulsan-gu.
B. On January 30, 2017, the Defendant issued a disposition of suspending business operations for three months (hereinafter “original disposition”) to the Plaintiff on March 31, 2017, on the ground that D, an employee of the Plaintiff, sold to 2 juveniles a week one disease to 2 juveniles.
C. On June 23, 2017, the Ulsan Metropolitan City Administrative Appeals Commission filed an administrative appeal against the original disposition. On June 23, 2017, the Plaintiff rendered a ruling to change the original disposition to a penalty surcharge in lieu of the business suspension period of two months.
(hereinafter referred to as “instant disposition”) d. the original disposition that was changed following the above judgment.
On March 31, 2017, the Defendant notified the Plaintiff of the payment of penalty surcharge of KRW 39.6 million in lieu of the business suspension period of two months.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 21, 23, Eul evidence 1, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1) Article 44(2)4 of the Food Sanitation Act provides that a food service business operator shall not provide alcoholic beverages to juveniles, and does not provide for the case where an employee provides alcoholic beverages to juveniles. The provision of alcoholic beverages to juveniles in this case is not D, the Plaintiff’s employee, and thus, the Defendant is not entitled to suspend business operations on the basis of the above provision. The Defendant does not consider the administrative disposition criteria under the Enforcement Rule of the Food Sanitation Act that the disposition may be mitigated by up to 9/10 in a case where a juvenile who abused or abused discretionary authority’s identification card uses it. (ii) The administrative disposition criteria under the Food Sanitation Act, which states that a juvenile who abused or abused discretionary authority’s identification card, lose equity between the employee D’s punishment and the administrative punishment against the Plaintiff, the Plaintiff faithfully provided education on identification card verification to the ordinary head of the workplace, and the Plaintiff experienced economic difficulties.