과징금부과처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is operating a general restaurant in the name of “C (N, hereinafter, hereinafter “instant establishment”)” on the Nam-gu, Incheon. The Plaintiff is operating a general restaurant in the name of “C (D, hereinafter, hereinafter, “instant establishment”).
B. On March 31, 2017, E, an employee of the Plaintiff, was controlled by the police on the ground that he provided alcoholic beverages to 8 juveniles at the instant establishment at around 21:00.
(hereinafter, as seen above, the act of providing liquor to juveniles is deemed to constitute a violation of this case.
On April 18, 2017, the above E was subject to a disposition of suspension of indictment for the instant violation under the Incheon District Prosecutors’ Office’ Office’ Punishment No. 33194, and the Plaintiff requested the Defendant to change the business suspension to a penalty surcharge on May 4, 2017.
On May 15, 2017, the Defendant accepted the Plaintiff’s above request and imposed a penalty surcharge of KRW 11,700,000 in lieu of one month of business suspension (hereinafter “instant disposition”) on the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 9, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s employees E-marcing three juveniles cited in the instant marc restaurant were juvenile, but it is difficult to view them as a juvenile due to the external mature string of the string of the string that “us is so young E-marcing.” Moreover, the juveniles did not enjoy the net marcing, but notified them to the guest room by believing that they are not juveniles, because they are more than five people in the instant marcing of the gap in the employees E’s marcing of the marcing of the marc, and had experience of arbitrarily taking alcoholic beverages in the cold marc, two weeks after the employee E was employed, and the employees were subject to the disposition of suspension of indictment at the prosecutor’s office, and the sales proceeds, such as alcoholic beverages, etc., which had no past administrative laws and regulations, were 68,00,000 won and penalty surcharges.