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(영문) 서울행정법원 2017.11.17 2017구합56377

영업소폐쇄처분취소

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1. The Defendant’s disposition of notifying the Plaintiff of the closure of the place of business and the seals taken by the Plaintiff on February 24, 2017 shall be revoked.

2...

Reasons

1. Details of the disposition;

A. The Plaintiff’s report on the entrusted food service business 1) Na Fdidis Co., Ltd. is an incorporated foundation B (hereinafter “B”) around 2006.

(C) Gangnam-gu Seoul Metropolitan Government C (hereinafter referred to as "C") from and to B;

The meal service facilities located in a building refer to meal service facilities, such as schools or hospitals, which provide food to many and specified persons without profit-making purposes (Article 2 subparag. 12 of the Food Sanitation Act). The entrusted operation contract was entered into on April 21, 2006, which is entrusted with the operation of the facilities (Article 2 subparag. 12 of the Food Sanitation Act).

[Article 21 subparagraph 8 (e) of the Enforcement Decree of the Food Sanitation Act].

The operator of the entrusted meal business was changed to the Han Liber Co., Ltd. on April 14, 2008, the Han Liber Co., Ltd. on January 21, 2010, the Han L&C World Co., Ltd., and the New World Food Co., Ltd on November 2, 2010.

3) On January 9, 2015, the Plaintiff entered into an entrusted operation contract with the contents that the Plaintiff is entrusted with the operation of the above meal service facilities by B and B. On January 15, 2015, the Plaintiff reported to the Defendant that he succeeded to the entrusted operation business from the new World Food Co., Ltd. around January 15, 2015, and thereafter, he is running the entrusted operation business in the said meal service facilities (hereinafter referred to as the “instant business establishment”).

B) B. On December 30, 2015, the Defendant notified the closure of the Defendant’s primary place of business and sealing the Defendant’s primary place of business (i) selling food to many and unspecified persons for profit at the instant place of business to the Plaintiff on December 30, 2015 refers to a business of cooking and selling foodstuffs, which allows drinking accompanied with meals.

Article 21 subparagraph 8 of the Enforcement Decree of the Food Sanitation Act.