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(영문) 부산지방법원 2020.02.05 2019구단20727

영업정지처분취소

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 June 22, 2018, the Plaintiff reported to the Defendant on June 22, 2018, and thereafter, operated a general restaurant business with the trade name of “C” in the Geum-gu, Busan Metropolitan City B 103.51 square meters.

B. Around 00:00 on January 14, 2019, the Plaintiff was found to have provided alcoholic beverages to four juveniles, and the police notified the Defendant of the following fact.

C. On February 18, 2019, the Defendant issued a disposition of business suspension for two months (hereinafter “instant original disposition”) with the period of suspension from March 11, 2019 to May 9, 2019, following the prior procedure.

On March 4, 2019, the Plaintiff filed an administrative appeal seeking revocation of the original disposition in this case with the Busan Metropolitan City Administrative Appeals Commission, which was dismissed on May 27, 2019.

E. On June 18, 2019, the Defendant rendered a disposition that changed the period of the instant original disposition from June 25, 2019 to August 23, 2019 (hereinafter “instant original disposition”) to the Plaintiff, along with the “instant original disposition, to the extent that the effect remains.”

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 3, 16 evidence, Eul's 1 through 6 evidence (including a number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The legality of the instant disposition

A. The Plaintiff’s assertion is a small-scale business entity whose illegality, such as the provision of juvenile alcoholic beverages, has not been discovered prior to the lapse of eight months, and whose sales are not significant.

There is only a fact that the plaintiff was aware that he was a juvenile and did not provide alcoholic beverages, but merely did not verify his identification card because he was well aware of him as a primary entertainment business owner.

Although the benefits from the sale of alcoholic beverages to juveniles are extremely insufficient, it is difficult to repay debts and maintain their livelihood due to the maintenance of the disposition of this case.

Considering these circumstances, the instant disposition is taken on the ground that the Plaintiff’s private interest infringed on the public interest that would be achieved by the instant disposition is considerably large.