2. The costs of lawsuit shall be borne by the Plaintiff.

A. On May 30, 2019, the Defendant rendered a disposition of business suspension (1 month) (hereinafter “instant disposition”) against the Plaintiff on the ground that “the Plaintiff sold and provided two juveniles with only one disease, etc. from a general restaurant operated by the Plaintiff (a mutual name “B Jinyeongp”) around February 4, 2019.”

B. The Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission, but the judgment dismissing the Plaintiff’s claim was rendered on July 31, 2019.

[Ground of recognition] Facts without dispute, entry of evidence of Nos. 1 to 10, purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff asserted that the plaintiff confirmed the identification card to the customers and confirmed the resident registration certificate taken from the mobile phone on the day, and on the same day, it was possible to confirm that the police officer could not properly control the drinking of juveniles. Thus, the plaintiff's offer of alcoholic beverages to juveniles was not because he neglected his duty of care.

Therefore, the instant disposition taken on the premise of the Plaintiff’s neglect of duty of care is unlawful.

B. (1) The judgment of the court below was rendered on May 7, 2019 with respect to the provision of the instant alcoholic beverage. However, the judgment of the court below was rendered on May 7, 2019 that the plaintiff was guilty. However, in full view of the following circumstances: (a) although the plaintiff's most objective method of confirming the age of the customer directly verified the identification card, the plaintiff confirmed the identification card stored in the mobile phone; (b) the plaintiff's restaurant is an enterprise belonging to the franchise; and (c) the plaintiff's head office is a business entity belonging to the franchise; and (b) the plaintiff's head office has sent public notice to the effect that the plaintiff was not directly verified the identification card; and (c) the suspension of indictment was imposed on the plaintiff's employee D, based on these circumstances, the plaintiff's offer alcoholic beverages to the juvenile.