beta
(영문) 청주지방법원 2016.10.13 2016구합10928

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. From June 11, 2015, the Plaintiff is running a general restaurant with the trade name “C” on the Seo-gu B and the first floor of Seo-gu, Seo-gu, Seo-gu, Seoul (hereinafter “instant general restaurant”).

B. Around 20:00 on January 3, 2016, D, an employee of the Plaintiff, sold alcoholic beverages to one juvenile and received a disposition of suspending indictment from a prosecutor on January 26, 2016.

C. On April 11, 2016, the Defendant rendered a disposition of business suspension for one month on the ground that the Plaintiff provided alcoholic beverages to juveniles.

On June 10, 2016, the Plaintiff filed an administrative appeal with the Chungcheongbuk-do Administrative Appeals Commission. On June 10, 2016, the Chungcheongbuk-do Administrative Appeals Commission rendered an adjudication that changed the instant disposition by 15 days of business suspension.

(hereinafter referred to as “instant disposition”), which was changed on April 11, 2016 to 15 days of business suspension (hereinafter referred to as “15 days of business suspension”), / [based on recognition] of absence of dispute, entry of Gap’s evidence Nos. 1 through 4, Eul’s evidence Nos. 1 through 9 (including paper numbers), and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The plaintiff's employee D, who is the plaintiff's plaintiff's employee, completed the confirmation of the resident registration certificate for seven among eight students who seem to be students of the Chungcheong University. However, with respect to one person who did not have the resident registration certificate, it confirmed that he was adult due to the resident registration certificate and the SNS professional pen, and sold alcoholic beverages to them. In fact, the above one person was a juvenile, the plaintiff was a juvenile, and the plaintiff had the ordinary employees thoroughly confirmed majority at the time of selling alcoholic beverages. However, in this case, in light of the fact that the plaintiff was sold alcoholic beverages due to the juvenile's intentional deceptive act, the plaintiff did not have any history of selling alcoholic beverages to the juvenile while operating the pertinent business, and that there was a significant economic damage to the plaintiff's employee due to the disposition of this case, the disposition of this case was abused by discretionary power.