과징금부과처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is a person who operates a mutual general restaurant (hereinafter “instant restaurant”) in Yongsan-gu Seoul Metropolitan Government.
B. On May 3, 2018, the Seoul Western District Prosecutor Acting for the Prosecutor’s Office was suspended from prosecution on the ground that the Plaintiff sold alcoholic beverages to D (the age of 18) who is a juvenile in the instant restaurant around 20:00 on February 12, 2018.
C. On July 17, 2018, the Defendant offered alcoholic beverages to D (the age of 18) who is a juvenile at the instant restaurant around 20:00 on February 12, 2018.
(hereinafter “instant violation”) imposed a penalty surcharge of KRW 11,70,000 in lieu of one month of business suspension pursuant to Articles 44(2), 75, and 82 of the Food Sanitation Act (hereinafter “instant disposition”).
[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 3, Eul evidence 1, 3, and 4 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. On February 12, 2018, E, who is an employee of the Plaintiff’s assertion, provided alcohol to two adult women in the restaurant of this case, and thereafter joined the said table with D, which is a juvenile.
E attempted to verify the identification card of the above juvenile, but the above juvenile was unable to promptly verify the identification card due to the wind that the juvenile did not produce the identification card while avoiding the disturbance to the extent that it could cause inconvenience to the surrounding customers. However, after a few minutes, the police officer controlled the violation of this case.
Since the above juveniles did not drink alcohol at the time, it does not constitute “a case where alcoholic beverages are provided to juveniles.” Even if alcoholic beverages are offered to domestic juveniles, it is merely a case where the identification card was not confirmed for the above reasons, and rather, the above juveniles were in light of the circumstances under which it was controlled at the time.