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(영문) 수원지방법원 2019.11.06 2019구단2668

업무정지처분취소

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 November 18, 2009, the Plaintiff is operating a simple restaurant (hereinafter “instant business”) with the trade name “D” in the Suwon-si B and 1st floor C in Suwon-si, Suwon-si.

B. On June 16, 2019, at the instant establishment around 21:30, the Plaintiff was discovered by the police that provided two juvenile E (n, female, age 16) and two soldiers, including youth, at the instant establishment.

C. On July 26, 2019, the Defendant rendered a disposition suspending the business of the instant establishment for two months on the ground that the Plaintiff provided alcoholic beverages to juveniles (hereinafter “instant disposition”). D.

Accordingly, the plaintiff filed an administrative appeal with the Gyeonggi-do Administrative Appeals Commission, and was ruled on October 1, 2019 that the business suspension period is reduced to 40 days.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 6, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that juveniles, including E (n, 16 years of age), etc. are in place of cremation, and the plaintiff was aware that the above juveniles were at the age of 23 to 24, and the plaintiff was at the age of 24, and the plaintiff was at the age of 13 and 24, and the plaintiff was suffering from adult diseases, such as mathromatitis, mathrosis, alphrosis, high blood pressure, and urology, and he was at the time of the above detection. The plaintiff was at the same age of dynasium when operating the business in this case, and was first controlled by the violation. The plaintiff was at the time of the first operation of the business in this case for several years, and the plaintiff was at the expense of medical treatment and monthly expenses of the above adult disease, living expenses, and 30 million won, which were received to open the business in this case, and was economically difficult due to the burden of loans. The disposition in this case is unlawful as it excessively harsh and abuse of discretionary power.

(b) as shown in the attached Form of the relevant statutes;

C. In the instant case, the purport of the relevant statutes and the evidence revealed therefrom are as follows, i.e., harmful substances, such as alcoholic beverages, and harmful substances.