영업정지처분취소
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Details of the disposition;
A. On May 9, 2016, the Plaintiff reported food entertainment business to the Defendant with “6.7 square meters of business site area” and “general restaurant” as a type of business, and thereafter, operates a general restaurant (hereinafter “instant restaurant”) with the trade name “D” in Daegu-gu B and 1st floor C so far.
B. On June 5, 2020, the Defendant, not the place where the Plaintiff filed a business report, installed a tables and chair and sold food to the head of the instant restaurant. On June 25, 2020, the Defendant issued a disposition of the suspension of business pursuant to Articles 37 and 75 of the Food Sanitation Act (hereinafter “instant disposition”) on the ground of the disposition of “business activities other than the place where the business report was filed (report on the change of the area of business)” against the Plaintiff.
(c)
On July 27, 2020, the Plaintiff filed an application for adjudication with the Daegu Metropolitan City Administrative Adjudication Committee. However, on August 7, 2020, the Plaintiff’s request was dismissed, and the Defendant changed the period of business suspension from August 13, 2020 to August 19, 2020.
[Ground of recognition] Unsatisfy, entry in the evidence of Nos. 1, 2, 3, 7, 8, and 12 and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. Although another local government in Daegu City allows outdoor business, the defendant only does not allow the defendant to do so. The defendant regulates only the plaintiff without regulating the plaintiff even though the neighboring restaurants of this case are outdoor business. The disposition of this case is against the principle of equity and is illegal by infringing upon the self-employed's business rights.
The central government actively recommends the permission of outdoor business for the basic right to live in the socially street strawer and self-employed persons in the crisis of the 19th century, and the living of the elderly business operators is threatened due to the decline in sales, and other local governments allow outdoor business.