영업정지처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. From November 29, 2012, the Plaintiff operated a general restaurant called “C” (hereinafter “instant place of business”).
B. On November 17, 2018, the Plaintiff was conducting a thorough inspection of the identification cards of customers who continued to install and enter the instant place of business at the entrance of the instant place of business, and on November 17, 2018, two full-time employees and one juvenile were to smoke out of the main place of business, and live in the instant place of business where D was locked, and she was seated on the table No. 11 after entering the instant place of business, and the employee E offered alcoholic beverages to the Youth F around November 23, 2018.
C. The above juveniles filed a 112 report with other customers and their employees, and the fact that E provided alcohol to the above juveniles by the police was discovered.
On February 13, 2019, the Defendant rendered a disposition to suspend the business of the instant place of business for a period of one month on the grounds that the Plaintiff provided alcoholic beverages to juveniles (hereinafter “instant disposition”).
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, 4-1, 2, 3, Eul evidence 1 to 10, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The gist of the plaintiff's assertion is that the plaintiff conducted a thorough inspection of identification card to the employees on the day of the time of the case, the plaintiff set up an employee D at the entrance of the business office, and conducted a daily identification card inspection, and the youth D enters the business office of this case by using the gap in which the youth D was locked, as a matter of course, the employee E was thought to be an adult guest whose identification card inspection was completed at the entrance of the business office, and the prosecution did not focus on the issue that E thought a juvenile as adult and sells alcohol as a matter of selling alcohol.
1.1. If applicable, it shall be excluded from juveniles and shall be visible to juveniles in appearance;