영업정지처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff is the proprietor of the general restaurant “C” (hereinafter “Plaintiff restaurant”) in Songpa-gu Seoul and the first floor above ground.
Plaintiff
On May 25, 2016, 00:10 on May 25, 2016, restaurant employees D sold and provided small liquor to E (17 years of age, women) youth in the above restaurant.
On August 18, 2016, the Defendant rendered a disposition of business suspension for one month (from September 26, 2016 to October 25, 2016) on the ground of the provision of juvenile alcoholic beverages to the Plaintiff.
(hereinafter “original disposition”). Around that time, the Plaintiff filed an administrative appeal against the original disposition with the Seoul Special Metropolitan City Administrative Appeals Commission, but was dismissed on October 24, 2016.
On November 10, 2016, the Defendant notified the Plaintiff that the original disposition continues to continue for one month of business suspension (from December 1, 2016 to December 30, 2016).
(hereinafter referred to as the “instant disposition”). [Grounds for recognition] No dispute exists, Gap evidence Nos. 7, 9, Eul evidence Nos. 1-7, and the purport of the whole pleadings.
2. Whether the disposition is lawful;
A. On the day of the Plaintiff’s assertion, E, along with two adult males, displayed the page North Korea on the mobile phone with the Plaintiff’s restaurant, and the Plaintiff restaurant employee D confirmed the above page of the page and provided alcoholic beverages in trust.
In the relevant criminal case, the plaintiff was suspected of having been sentenced to a disposition of incompetence of evidence (incompetence of evidence), and his/her employee D was suspended from indictment.
This is an amended Enforcement Rule of the Food Sanitation Act [Attachment 23]
I. This constitutes grounds for mitigation provided for in subparagraph 15 (j) of the General Standards;
The plaintiff has no record of violation of the same kind, economic situation is difficult, and the disposition of this case can make a living difficult.
Considering these circumstances, the instant disposition is too harsh to the Plaintiff and is unlawful.
B. The sanctions imposed on the violation of the administrative laws and regulations are sanctions based on the objective facts of the violation of the administrative laws and regulations in order to achieve the administrative purpose, so that the violator may be justified that he/she did not know his/her duty.