식당영업정지 과징금취소처분
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by each person;
1. Circumstances of the disposition and proceedings thereof;
A. On June 19, 2014, the Defendant issued a two-month business suspension on July 30, 2014, on the grounds that the Plaintiff sold alcoholic beverages to four juveniles (two years of age 16, 17 years and 2) at a general restaurant of “B” operated by himself/herself, and the said disposition was changed to a disposition of “a penalty surcharge of KRW 3.6 million” in lieu of one month of business suspension through an administrative appeal (hereinafter “instant disposition”).
B. The Plaintiff filed the instant lawsuit seeking revocation on the ground of the illegality of the instant disposition. On March 27, 2015, this court, on the second day for pleading, changed the disposition of a penalty surcharge of KRW 3.6 million imposed on the Plaintiff and the Defendant litigation performer on July 30, 2014 to “a penalty surcharge of KRW 2.4 million” to the Plaintiff and the Defendant litigation performer on July 30, 2014.
C. On April 10, 2015, the Defendant accepted the recommendation of the instant court, and revoked the instant disposition, and issued a new disposition imposing penalty surcharge of KRW 2.4 million.
[Ground of recognition] The fact that there is no dispute, significant fact in this court, Gap evidence Nos. 1, 3 (including paper numbers), Eul evidence No. 5, the purport of whole pleadings
2. As to the legitimacy of the instant lawsuit ex officio, a litigation seeking to examine whether the instant lawsuit is lawful, and a litigation seeking to recover from the original state by excluding any unlawful state arising from an unlawful disposition, etc. to relieve the rights and interests infringed or obstructed by the relevant disposition, the validity of the disposition, etc. shall continue to exist, and it shall be possible to restore the original state by the revocation thereof.
However, as seen earlier, the instant disposition seeking revocation by the Plaintiff as the instant lawsuit is revoked and thus remains effective, and thus, the disposition is no longer effective.