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(영문) 서울행정법원 2020.05.27 2020구단6252

과징금부과처분취소

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. On April 25, 2019, the Plaintiff is a person who succeeded to the status of a general restaurant (hereinafter “D”) with the trade name “D” located in Seodaemun-gu Seoul and a shopping mall (hereinafter “instant business”) and operates the instant business from that time.

B. On October 28, 2019, the Defendant rendered a two-month disposition of business suspension (hereinafter “instant disposition”) to the Plaintiff on the ground that “the Plaintiff’s employee provided alcoholic beverages to four juveniles at the instant establishment around 01:00 on May 3, 2019.”

C. The Plaintiff filed an administrative appeal with the Seoul Special Metropolitan City Administrative Appeals Commission to the effect that the disposition of business suspension is revoked for two months, and on February 24, 2020, the Seoul Special Metropolitan City Administrative Appeals Commission made a ruling to change the disposition of business suspension to the disposition of imposition of penalty surcharge in lieu of one month of business suspension.

(hereinafter) As above, the disposition taken on October 28, 2019, which was changed to the disposition of imposition of the penalty surcharge, (hereinafter “instant disposition”). D.

Accordingly, on March 23, 2020, the defendant notified the plaintiff of the payment of the penalty surcharge of KRW 11,700,000 in lieu of one month of business suspension.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 7, Eul evidence 1 to 7 (including each number), the purport of the whole pleadings

2. The details of the relevant Acts and subordinate statutes are as shown in attached statutes;

3. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) Juveniles were unable to be suspected of being present in appearance, and they did not have an intention to provide alcoholic beverages to employees. Juveniles reported for the purpose of drinking alcohol without drinking alcohol. There are no grounds for disposition. 2) Even if the grounds for disposition exist, the instant disposition was excessively harsh to the Plaintiff and was abused or abused by the Plaintiff, such as the Plaintiff’s lack of profit gained from a violation, even if the period of operation was not long.

(b) Pleadings are made in each entry of Gap evidence Nos. 3 and Eul evidence Nos. 4.