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

A. On September 15, 2015, the Plaintiff has completed a report on the restaurant business with the following contents, and has operated a general restaurant business (hereinafter “instant restaurant”).

- Trade name: B - The location of the place of business: Yongsan-gu Seoul Metropolitan Government, the first floor and the first basement - the area of the place of business: 52.10 square meters.

B. On December 10, 2015, the Defendant imposed a penalty surcharge of KRW 1.120,00 on the Plaintiff on the ground that “a restaurant business was conducted in a place other than the reported place of business.”

(hereinafter "Disposition in this case"). 【No dispute exists, Gap evidence 1 through 5, Eul evidence 1 through 4 (including branch numbers), and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the plaintiff did not operate the restaurant business at a place other than the reported place.

(Non-existence of Grounds for Disposition). Although it is customary to conduct restaurant business in a place other than a place of business reporting within the jurisdiction of the defendant, it is unreasonable for the defendant to impose sanctions only on the plaintiff (violation of the principle of equality). It is also unreasonable for the defendant to issue a disposition according to D’s civil petition with the plaintiff.

(Unlawful Means). (b)

It is as stated in the attached Form "relevant statutes".

C. According to Articles 37(4) and 36(1)3 of the Food Sanitation Act, and Articles 21 subparag. 8, 25(1)8, and 26 subparag. 4 of the Enforcement Decree of the Food Sanitation Act, where a general restaurant business subject to reporting intends to operate or modify important matters, such as the size of the relevant business place, etc., it shall be reported to the head of the Gu, etc., and where a business operator violates the above duty to report, Article 75(1)7 of the Food Sanitation Act provides that the head of the Gu, etc. may revoke business license or registration or suspend all or part of the business for a fixed period not exceeding six months.

However, entry No. 5-1 of the evidence No. 5, B.