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(영문) 춘천지방법원 2020.09.08 2020구합50841

영업정지처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is a person who operates a cafeteria (hereinafter “instant place of business”), which is a general restaurant under the Food Sanitation Act, in the original city B.

B. Around October 23, 2016, D, working at the instant workplace, was indicted for a violation of the Juvenile Protection Act and appealed a fine of KRW 500,000 (No. 2017 Goju Branch Branch Court Decision 2017Ma175), but the appeal was dismissed.

(Chuncheon District Court 2018No633).D appealed, but the final appeal was in progress on July 29, 2019, and the decision of dismissal of prosecution became final and conclusive.

(Supreme Court Decision 2019Do10218). The name of a business establishment ordered to take an administrative disposition: The general restaurant representative: Violation of Plaintiff - Criteria for disposition: 1. D.

If a person commits an act of providing alcoholic beverages to juveniles (including where alcoholic beverages are provided by accessing them), the person who commits a violation:

1. Details of a disposition taken to provide alcoholic beverages to juveniles: Business suspension for two months: Matters subject to instructions from October 28, 2019 to December 26, 2019:

1. Where a general restaurant fails to comply with Article 44 (Matters to be Observed by Business Operators, etc.) of the Food Sanitation Act while operating the restaurant, a business shall be closed during the period of administrative disposition (two months of business suspension) or suspension of business under Article 75 of the same Act;

2. If it is discovered that a person is running a business during the period of business suspension, the place of business shall be closed, and the person shall be subject to an aggravated disposition at the time of incumbent departure (three months of business suspension) within one year with the same matters.

C. On October 14, 2019, the Defendant was above D.

As stated in the foregoing paragraph, the Plaintiff was subject to the two-month suspension of business that allows the Plaintiff to suspend the business of the instant workplace on the ground that the Plaintiff violated Article 75 of the Food Sanitation Act by providing liquor

(hereinafter “instant disposition”). The specific details are as follows:

On October 23, 2019, the Plaintiff rendered an administrative appeal on the instant disposition.