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(영문) 인천지방법원 2019.10.29 2019구단50721

영업허가취소처분취소

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1. The Defendant’s revocation of the business license granted to the Plaintiff on June 5, 2019 shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. The Plaintiff has run the danran business under the trade name of Kimpo-si “C” (hereinafter “instant dan”) in Kimpo-si.

B. From March 12, 2019, around 23:50 on March 12, 2019, the Plaintiff’s mother was discovered that the Plaintiff’s mother was unaware of female helpers who were requested from customers.

On April 17, 2019, the Defendant notified the Plaintiff of the fact that he/she was in violation of Article 44(3) of the Food Sanitation Act and notified the Plaintiff of his/her opinion by May 2, 2019, on the ground that he/she was in violation of Article 44(3) of the Food Sanitation Act.

C. On May 2, 2019, D submitted to the Defendant a written opinion on May 3, 2019 that the suspension of business will proceed from May 3, 2019, the following day.

On May 2, 2019, the Defendant, reflecting the foregoing opinion, issued a disposition of business suspension of one month (from May 3, 2019 to June 1, 2019) to the Plaintiff, and D received a written order of the administrative disposition from the Defendant on May 2, 2019.

D was engaged in the instant dan business from 00:00 to 03:25 on May 3, 2019, the first day of the period of suspension of business.

(hereinafter “instant violation”). E.

On June 5, 2019, the Defendant issued a disposition revoking the business license of the instant danran on the ground that the Plaintiff violated an administrative disposition of business suspension (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 through 6, 9 through 14, and 16, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. In light of the Plaintiff’s assertion D’s suspension of indictment as to the suspected violation of the Food Sanitation Act and the fact that the Plaintiff may be mitigated pursuant to the Enforcement Rule of the Food Sanitation Act, the circumstances leading to the instant violation, which may be considered, the business hours are only three hours, and the Plaintiff’s disadvantage due to the revocation of the business license is excessively excessive, etc., the instant disposition is taken.