beta
(영문) 울산지방법원 2017.08.31 2016구합5147

주류판매업면허취소처분의취소

Text

1. The Defendant’s revocation of a license for import liquor wholesale business, which the Plaintiff rendered on January 5, 2016, and February 11, 2016.

Reasons

1. Details of the disposition;

A. On October 20, 1992, the Plaintiff is a corporation that runs an alcoholic beverage wholesale business after obtaining a license from the Defendant for import alcoholic beverage wholesale business.

The Defendant issued a license for import liquor wholesale business to the Plaintiff and attached the following conditions:

I cancel the license in any of the following cases:

1. Where it violates the scope of business;

2. When he/she has sold alcoholic beverages to an unlicensed seller;

3. When it is found that he has obtained a license solely based on the facts satisfying the requirements for license;

4. When he/she sells alcoholic beverages without a prior approval during the period of sales suspension.

5. Where he/she is punished or taken a disposition under the Punishment of Tax Evaders Act due to a false offense of the same type within one year from the date of such punishment or disposition due to a brokerage or disguised transaction of non-data, or a new offense of the same type;

6. Where the amount of unregistered alcoholic beverages sold or disguised transaction is 10/100 or more of the gross sales of alcoholic beverages by taxable period of value-added tax.

B. From June 8, 2015 to July 27, 2015, Busan regional tax office conducted a tracking investigation on the Plaintiff’s distribution process of alcoholic beverages, and determined that the Plaintiff sold KRW 124,00,000 to A, a non-licensed seller, from February 2, 2013 (from July 1, 2013 to December 31, 2013) to January 2015 (from January 1, 2015 to June 30, 2015).

C. On January 5, 2016, the Defendant revoked the Plaintiff’s import alcoholic beverage wholesale business license (hereinafter “instant revocation disposition”) on the ground that “the Plaintiff violated the conditions of designation by selling alcoholic beverages to a non-licensed seller according to the foregoing findings.”

On January 18, 2016, the Plaintiff filed a lawsuit seeking the revocation of the instant disposition, and on January 29, 2016, the instant disposition was suspended until the instant judgment was rendered.

E. The Plaintiff is subject to a stay of execution as above, and the Defendant is a Punobya Korea Co., Ltd. on February 11, 2016.

참조조문