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

On December 18, 2014, the Plaintiff sold to D(E) juveniles, etc. at the above restaurant around 21:30.

On October 13, 2015, the Defendant imposed a penalty surcharge of KRW 6,000,000 in lieu of one month of business suspension on the Plaintiff on the ground of the above provision of juvenile alcoholic beverages.

(hereinafter “Disposition in this case”). [Ground for recognition] The fact that there is no dispute, Eul evidence No. 1-9, the purport of the whole pleadings.

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion made false statements to the Plaintiff that the said juveniles could drink alcohol from the birth in 1996, and sold 25,000 won to the said juveniles, and did not intend to gain profits by actively violating the purpose of the protection of juveniles. In light of the fact that the said restaurant was operated in a mixed manner for several years, and that there was no record of violating basic order or committing criminal acts, the instant disposition is too harsh to the Plaintiff and is unlawful.

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 administrative purposes. As such, a sanction against a violation of the administrative law is imposed, unless there exists any justifiable ground that makes it impossible for the violator to cause a failure to perform his/her duty due to the circumstances that make it possible for him/her to be justified, or the performance of his/her duty is not expected, etc., and there is no intention or negligence on the part of him/her (see, e.g., Supreme Court Decisions 2014Du15139, Apr. 9, 2015; 2010Du24371, Jun. 28, 2012). Therefore, it is difficult to deem that there is a justifiable ground that the Plaintiff’s failure to perform his/her duty due to the mere

Whether the punitive administrative disposition has deviates from or abused the scope of discretion by social norms, the contents of the violation as the ground for the disposition, and the public interest and this is to be achieved by the relevant disposition.