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

At around 00:10 on December 18, 2014, the Plaintiff sold to four juveniles, such as D (the age of 18) in the restaurant.

On May 11, 2015, the Defendant imposed a penalty surcharge of KRW 13,200,000 in lieu of one month of business suspension on the ground that the Plaintiff provided alcoholic beverages to juveniles as above.

(hereinafter “Disposition in this case”). 【No dispute exists, Gap evidence 2, Eul evidence 5, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. In light of the fact that the Plaintiff asserted as the Plaintiff committed the instant violation as a de facto waterway, the Plaintiff’s operation of the restaurant along with his wife who is a vertebral disabled person, and other Plaintiff’s age, economic circumstances, etc., the instant disposition constitutes an abuse of discretionary power, and thus, it is unlawful as it constitutes abuse of discretionary power.

B. Sanction against a violation of the administrative law is a sanction against the objective fact that is a violation of the administrative law in order to achieve the administrative purpose. Thus, a sanction may be imposed without intention or negligence on the violator, unless there exists any justifiable reason not to cause a breach of the duty, such as a circumstance that the violator does not have knowledge of his/her duty, or a circumstance where the performance of his/her duty cannot be expected to be anticipated, etc.

(See Supreme Court Decision 2014Du15139 Decided April 9, 2015, and Supreme Court Decision 2010Du24371 Decided June 28, 2012, etc.). Whether a punitive administrative disposition has deviates or been abused from the scope of discretion under social norms ought to be determined by objectively examining the content of the offense constituting the ground for disposition, the public interest to be achieved by the relevant disposition, and all the relevant circumstances, etc., and by comparing and balancing the degree of infringement on public interest and the disadvantages suffered by an individual due to such disposition.

In such cases, sanctions;