영업정지처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Details of the disposition
From November 12, 2012, the Plaintiff is running a mutual general restaurant (hereinafter “instant general restaurant”) in the name of “C” at macro (1st floor) B (1st floor).
On September 3, 2014, the Defendant: (a) applied Articles 44(2) and 75 of the Food Sanitation Act; and (b) Article 89 of the Enforcement Rule of the same Act on the ground that the Plaintiff provided alcoholic beverages to juveniles (hereinafter “instant violation”); and (c) issued a disposition of business suspension for two months from September 18, 2014 to November 16, 2014 (hereinafter “instant disposition”).
【In the absence of dispute over the grounds of recognition, Gap evidence Nos. 1, 7 and Eul evidence Nos. 1 through 5 (including partial number of defenses), and the purport of the entire argument as to the legitimacy of the disposition of this case, the plaintiff's employees D of the business establishment of this case demanded the plaintiff to present resident registration certificates to the guest E and F at the time of the violation of this case, but they provided alcoholic beverages by mistake as being not the juvenile, and there was a decision made by the prosecutor in criminal cases of violation of the Juvenile Protection Act under the suspicion of the violation of the Juvenile Protection Act that Eul provided alcoholic beverages to juveniles. Thus, the disposition of this case is unlawful by abusing discretionary power.
It shall be as shown in the attached Form of the relevant statutes.
Judgment
Sanction against the existence or absence of a disposition reason is a sanction against the objective fact of violation of an administrative law in order to achieve administrative purposes. Thus, it may be imposed even if the violator has no intention or negligence, barring special circumstances, such as where it is unreasonable for the violator to be aware of his/her duty, or where there is a justifiable reason that it is unreasonable for him/her to expect him/her to perform his/her duty, or where there is a reason that it is unreasonable for him/her to expect him/her to fulfill his/her duty.
(See Supreme Court Decision 2010Du24371 Decided June 28, 2012).