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(영문) 서울행정법원 2015.07.01 2015구단3273

과징금부과처분취소

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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. The Plaintiff is a person who operates entertainment tavern in the trade name of Jongno-gu Seoul Metropolitan Government C.

B. On February 4, 2015, the Defendant imposed a penalty of KRW 10,80,000 in lieu of one month of business suspension pursuant to Article 75(1) of the Food Sanitation Act and Article 44(1) of the Food Sanitation Act on the ground that the Plaintiff’s employee engaged in an act of disturbing public morals, such as engaging in similar intercourse with customers at the above business establishment on September 19, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 2 to 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the Plaintiff provided education in advance to the entertainment reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception

(b) Where a business operator falls under any of the following cases, the Minister of Food and Drug Safety, the Governor of a Special Self-Governing Province, or the head of a Si/Gun/Gu may revoke his/her business license or registration, or order him/her to fully or partially suspend his/her business or close his/her place of business (limited to business reported under Article 37 (4); hereafter the same shall apply in this Article) for a fixed period not exceeding

13. Any business operator, including food service business operators, and his/her employees, who violates Article 44 (1), (2) or (4), shall observe matters prescribed by Ordinance of the Prime Minister in order to manage sanitation of business and maintain order in business and promote public health and sanitation;

Article 82 (Imposition of Penalty Surcharges in lieu of Suspension of Business, etc.) (1) The Minister of Food and Drug Safety, a Mayor/Do Governor or