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(영문) 인천지방법원 2014.06.12 2014구합162

과징금부과처분취소

Text

1. The Defendant’s imposition of a penalty surcharge of KRW 22,80,000 against the Plaintiff on December 27, 2013 shall be revoked.

2...

Reasons

1. Details of the disposition;

A. The Plaintiff is operating a general restaurant (hereinafter “instant restaurant”) with the trade name “C” from October 6, 2010 to Bupyeong-gu, Incheon.

B. On September 18, 2013, at around 00:20, the Plaintiff was found to have provided liquor to juveniles D, E, and F in the instant restaurant. On December 5, 2013, the Plaintiff was subject to a disposition of suspending prosecution from the Incheon District Prosecutors’ Office with respect to the suspected violation of the Juvenile Protection Act.

C. On December 27, 2013, the Defendant imposed a penalty surcharge of KRW 22,80,00 in lieu of the period of business suspension pursuant to Articles 82(1), 75(1)13, and 44(2)4 of the Food Sanitation Act (i.e., the daily penalty surcharge of KRW 487,970, and KRW 184 applied to the said restaurant’s total sales amount of KRW 487,970, and KRW 30 days) on the ground of the Plaintiff’s provision of alcoholic beverages to the Plaintiff.

(hereinafter “Disposition in this case”). 【No dispute exists, Gap’s evidence Nos. 1 through 4, Eul’s evidence Nos. 4 and 10, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The above juveniles were accompanied by F’s mother, and the Plaintiff offered alcoholic beverages to F’s mother, not the above juveniles. As such, the instant disposition was unlawful as it did not have any grounds for such disposition. In light of the circumstances of sales of alcoholic beverages, etc., the instant disposition was excessively harsh and constitutes an abuse of discretion.

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

C. Facts 1) The above juveniles have been together with F’s mother G in the restaurant of this case on September 18, 2013. G 2) G is sufficient, spawn, spawn, and spawn.

Each soldier ordered food amounting to KRW 21,000 (i.e., KRW 17,000, KRW 3,000, KRW 1,000). The Plaintiff provided four remaining alcoholic beverages together with the above food.

3 At the time when police officers control the restaurant of this case, G and the above juveniles were located together, and there was a so-called so-called so-called a so-called so-called so-called a so-called so-called so-called a so-called so-called