영업정지처분취소
1. Revocation of a judgment of the first instance;
2. The instant lawsuit shall be dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. The court's explanation concerning this part of the details of the disposition is identical to the corresponding part of the judgment of the court of first instance (Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act, since the pertinent part of the judgment of the court of first instance (Articles 15 through 11, 15, and 11) is the same.
2. We examine the legitimacy of the instant lawsuit ex officio.
A. Article 44(2) of the Food Sanitation Act provides that "food service business operators shall not engage in any of the following acts against juveniles under Article 2 of the Juvenile Protection Act (hereafter referred to as "juvenile" in this paragraph)." Article 44(1) of the Food Sanitation Act provides that "Where a business operator falls under any of the following subparagraphs, the Minister of Food and Drug Safety or the head of the Special Self-Governing Province or the head of the Special Self-Governing Province may revoke a business license or registration or order him/her to suspend all or part of the business or close the place of business (limited to the business reported pursuant to Article 37(4); hereinafter the same shall apply in this Article) for a fixed period not exceeding six months." Article 44(2) provides that "where a business operator violates Article 13, Article 44(1), (2) and (4)" and Article 44 of the Food Sanitation Act delegates specific criteria for disposition against a
Article 89 [Attachment Table 23] of the Enforcement Rule of the Food Sanitation Act
Ⅱ According to the provision on "in a case of violation of Article 44 (2) of the Act" of 11.3 of the "food service business", the provision on "in a case of violation of Article 44 (3) of the Act" provides that two months of business suspension in the case of the first violation of the Act and three months of business suspension in the case of the second violation of the Act, and the attached Table
I. According to subparagraph 15(f) of the General Standards, the term “the suspension of indictment against the violation in question is imposed by the prosecutor or sentenced by the court to the suspension of sentence.”