영업정지처분취소
1. The disposition of business suspension rendered by the Defendant to the Plaintiff on December 13, 2013 shall be revoked.
2. The costs of the lawsuit are assessed against the defendant.
3.
1. On March 7, 201, the Plaintiff reported on the business of 607 square meters of the building located in Gangnam-gu, Seoul (hereinafter “instant building”) 2,449.78 square meters as a de facto general restaurant on March 7, 201; the Defendant, on January 9, 2013, issued a seven-day disposition of business suspension on the ground that the said two floors of the building were used as a main restaurant to expand the place of business without permission; on October 30, 2013, the Plaintiff was discovered on October 30, 201, and issued a 15-day disposition of business suspension under Articles 37 and 75 of the Food Sanitation Act (hereinafter “instant disposition”) on December 13, 2013, without dispute between the parties, or recognized pursuant to the evidence Nos. 1, 2 (including each number, and each item; hereinafter the same shall apply), 4, and 5.
2. Whether the disposition is lawful;
A. Article 37 of the relevant Acts and subordinate statutes and Article 26 of the Enforcement Decree of the Food Sanitation Act provide that a person who intends to run a business shall obtain permission from, or report to, the head of a Si/Gun/Gu for each type of business or each place of business, as prescribed by Presidential Decree, and shall also require permission or report when he/she alters important matters, such as the size of the place of business. Article 75 provides that a business license or registration may be revoked if he/she violates such provision, or all or part of such business may be suspended for a fixed period not exceeding six months. However, the Enforcement Rule [Attachment 23] provides that where he/she changes the size of the place of business and fails to report the change thereof, seven days of
The matters prescribed by the Food Sanitation Act as the matters to be reported on the change of the area of a place of business shall be for securing the sanitary supervision of the entire place of business, and the place of business shall not necessarily be fixed to the same building or a tangible facility as the place of business already permitted or reported, and the place of business shall be the place of business where customers use a prescribed space, such as collectively eating food at the relevant place.